Adriance v. McCafferty
The Superior Court of New York City
This was an action of ejectment by the plaintiff to recover possession of a lot of ground on the east side of Fourth avenue, between Twenty-seventh and Twenty-eighth streets, in the city of Hew York. The complaint was in the usual form, and simply set up possession from prior grantors.
Read the full summary
This was an action of ejectment by the plaintiff to recover possession of a lot of ground on the east side of Fourth avenue, between Twenty-seventh and Twenty-eighth streets, in the city of Hew York. The complaint was in the usual form, and simply set up possession from prior grantors. The defendant’s answer set up the purchase of said lot by one John L. Brouwer, under a corporation sale for assessments, made the 18th of July, 1862 ; that, under such purchase, so made by said Brouwer, he obtained the usual lease from the corporation in such cases, and that on the 21st day of December, 1855,…
1Opinion of the Court
By the Court,
McCunn, J.
I fully concur in the rúling of the judge, at the trial. My view of the case is that both of the objections taken by the plaintiff to the introduction of the notice, are valid objections, and go to defeat the defendant’s entire case.
Where a statute, in effect, strips an individual of his property or title, or which in any way affects the same, its requirements must be strictly complied with to enable parties purchasing to acquire a title. Moreover, the requirements of the statute are the very conditions upon which the owner is divested of his title and property ; and it…
2Cited by3 opinions
- Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
- Succession of DrysdaleSupreme Court of Louisiana · 1911
- In re SmithNew York Supreme Court · 1873