Babcock v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lamont M. Babcock and other's, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson bn the 11th day bf May, 1903, upon the verdict of a jury, rendered by direction of the court after a trial at the Jefferson Trial Term, dismissing the complaint upon the merits.
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Appeal by the plaintiffs, Lamont M. Babcock and other's, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson bn the 11th day bf May, 1903, upon the verdict of a jury, rendered by direction of the court after a trial at the Jefferson Trial Term, dismissing the complaint upon the merits. The action is in ejectment, and was commenced on the 6th day of February, 1902, to recover possession of certain premises situate in the city of Watertown, N. Y.
1Opinion of the Court
McLennan, P. J.:
It was alleged in the complaint that one Martha Tisdale died at the city of Watertown, N. Y., on the 27th day of December, 1901; *120that at and before her death she was the owner in fee of the real property in question ; that she died intestate, leaving her surviving the plaintiffs, among others, her heirs at law, and that as such they became and were the owners in fee and entitled to the immediate possession of their respective shares in said real estate; that the defendant unlawfully entered into and continued in possession of the premises, without right or title thereto, and…
2Cases cited8 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Hill v. HillNew York Supreme Court · 1848
- Hall v. . La France Fire Engine Co.New York Court of Appeals · 1899
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3Cited by4 opinions
- Wescott v. State Highway CommissionSupreme Court of North Carolina · 1964
- Sheridan v. CardwellAppellate Division of the Supreme Court of the State of New York · 1911
- Dickson v. NilesNew York Supreme Court · 1924
- Smith v. RyanAppellate Division of the Supreme Court of the State of New York · 1906