Van Nostrand v. Hubbard
Appellate Division of the Supreme Court of the State of New York
Apbeal by the defendant, Daniel Hubbard, from a judgment of the County Court of Cayuga county in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 17th day of December, 1897, upon the decision of the court reversing a judgment of a justice of the peace, which dismissed the complaint, with six dollars and seventy-five cents costs.
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Apbeal by the defendant, Daniel Hubbard, from a judgment of the County Court of Cayuga county in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 17th day of December, 1897, upon the decision of the court reversing a judgment of a justice of the peace, which dismissed the complaint, with six dollars and seventy-five cents costs. The complaint in this action alleges that on the 25th day of March, 1896, the plaintiff was the owner of and in possession of two horses worth the sum of $190, and that the defendant wrongfully took from the possession of the…
1Opinion of the Court
Follett, J.:
The plaintiff purchased the farm assessed for taxes in the year 1895, under a written executory contract, and entered into possession thereof April 1, 1895, and continued in possession until April 1, 1896. The legal presumption arising from the contract is that the plaintiff and not her husband was in possession of the farm. (Mygatt v. Coe, 124 N. Y. 212; 142 id. 78; 147 id. 456; 152 id. 457.) No attempt was made by the defendant to rebut this presumption, and, besides, the plaintiff testified that she cultivated the farm, personally did much of the work thereon, and that the…
2Cases cited2 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Gebby v. CarrilloNew Mexico Supreme Court · 1918
- Spring v. Millington, New York County Courts1904
- Strong v. WaltonAppellate Division of the Supreme Court of the State of New York · 1900