Laub v. . Buckmiller
New York Court of Appeals
Appeal from the Supreme Court. The complaint alleged that, on the 11th day of November, 1822, one Richard Morrison was seized of the following real estate: “All that certain piece or parcel of land situate and being in the town of Hamburgh, county of Erie, known as a part of lot number two, in the ninth township, and eighth range of the Holland Land Company’s land, and bounded as follows : Beginning at the western extremity of the highway, thirteen chains ninety-five links…
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Appeal from the Supreme Court. The complaint alleged that, on the 11th day of November, 1822, one Richard Morrison was seized of the following real estate: “All that certain piece or parcel of land situate and being in the town of Hamburgh, county of Erie, known as a part of lot number two, in the ninth township, and eighth range of the Holland Land Company’s land, and bounded as follows : Beginning at the western extremity of the highway, thirteen chains ninety-five links south of the north line of said lot number two; thence south, and bounding on said highway, one chain and twenty-five…
1Opinion of the CourtRoosevelt, J.
The plaintiff asks that a certain misdescription in his title deeds may be corrected, and that he may be awarded possession of the premises intended, according to their true boundaries, with damages for the alleged unlawful withholding. As the practice formerly stood, this would have been an incongruous complaint. But since the Code, “ the distinction between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished.” (§69.) The constitution, it is true, speaks of “ equity” as distinguished from common “jurisdiction,” and of “ equity…
2Cases cited1 opinion
- Dygert v. PlettsNew York Supreme Court · 1841
3Cited by7 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Key v. OstranderIndiana Supreme Court · 1867
- Smith v. TurnerIndiana Supreme Court · 1875
- Tatro v. TatroNebraska Supreme Court · 1885
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