Simis v. . McElroy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1897, setting aside a verdict in favor of plaintiff on exceptions ordered to be heard in the first instance at the General Term and granting a new trial. The nature of the action and facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 14, 1897, setting aside a verdict in favor of plaintiff on exceptions ordered to be heard in the first instance at the General Term and granting a new trial. The nature of the action and facts, so far as material, are stated in the opinion. An action to recover real property cannot be maintained by a party unless plaintiff in such action or his ancestors was seized or possessed thereof within twenty years before the commencement of the action. (Code Civ. Pro. §§ 365, 375.) The…
1Opinion of the CourtO’Brien, J.
This action was brought by the plaintiffs’ testatrix, who died during its pendency and about five years after it was commenced. The purpose of the action was to recover damages for the breach by the defendant of ah executory contract for the sale of certain real estate in the city of Hew York. It is an admitted fact in the case that both parties made tender of performance on the day specified for that purpose in the contract, and the defense to the action is that at the time of the tender the plaintiff’s title was defective and unmarketable and has so remained ever since. Upon that ground the…
2Cases cited7 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Irving v. . CampbellNew York Court of Appeals · 1890
- McPherson v. . SchadeNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Trimboli v. . KinkelNew York Court of Appeals · 1919
- Freedman v. . OppenheimNew York Court of Appeals · 1907
- Zunker v. KuehnWisconsin Supreme Court · 1902
- Partenfelder v. . PeopleNew York Court of Appeals · 1914
- Wanser v. . De NyseNew York Court of Appeals · 1907
22 more not listed; retrieve them via the Exa API.