Barley v. Roosa
New York Supreme Court
Appeal from circuit court, Ulster county. Action by Mary E. Barley, executrix, and Zachariah Palen, executor, of Jacob Barley, against Luke I. Roosa. Defendant appeals from a judgment for plaintiffs entered on trial by the court without a jury. Code Civil Proc.
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Appeal from circuit court, Ulster county. Action by Mary E. Barley, executrix, and Zachariah Palen, executor, of Jacob Barley, against Luke I. Roosa. Defendant appeals from a judgment for plaintiffs entered on trial by the court without a jury. Code Civil Proc. U. Y. § 1531, provides that, “in an action brought as prescribed in this article, the plaintiff, where he recovers judgment for property or possession of the property, is entitled to recover as damages the rents and profits or the value of the use and occupation of the real property recovered for a term not exceeding six years; but the…
1Opinion of the CourtLandon, J.
The defendant appeals from a judgment for plaintiffs in ejectment, rendered on a trial before the court without a jury. Both parties claim title under Isaac Lyons, who in 1837 gave a mortgage for $200 to the commissioners of loans of Ulster county upon a parcel of land described by metes and bounds, courses and distances, situate in Marblehead, Ulster county, containing 56| acres, less a lot of 14 acres out of the same, theretofore conveyed to Isaac and Henry Lyons. January 26, 1860, Isaac Lyons conveyed 25 acres of the mortgaged premises, describing them, to his son Simon P. Lyons; and also…
2Cases cited8 opinions
- Cook v. . TravisNew York Court of Appeals · 1859
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Holmes v. SeelyNew York Supreme Court · 1837
- Pell v. . UlmarNew York Court of Appeals · 1858
- Stilwell v. CarpenterNew York Court of Appeals · 1875
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3Cited by2 opinions
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