Cutting v. Burns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lydia S. Cutting, as executrix, etc., of Heyward Cutting, deceased, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, rendered on the 28th day of May, 1900, dismissing on the merits a proceeding to recover the possession of real property.
1Opinion of the Court
Jeñks, J.:
This is an appeal from the judgment of the Municipal Court dismissing on the merits proceedings to remove the defendant from certain real property situate on Columbia and Bowen streets in the borough of Brooklyn, of dimensions defined by 191 feet, 232 feet, 85 feet and 113 feet, respectively. It is stipulated in this case that the plaintiff is the owner and holder of the record title. of the premises in dispute. Though plaintiff did not actually occupy the land, if she have the legal title, she. is constructively in possession unless the premises are in the actual hostile possession…
2Cases cited13 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Colvin v. BurnetNew York Supreme Court · 1837
- Knolls v. . BarnhartNew York Court of Appeals · 1877
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Northern Pacific Railway Co. v. CashMontana Supreme Court · 1923
- Sebring v. FitzgeraldNew York Supreme Court · 1931
- Carman v. Fox, New York County Courts1914
- Andrews v. Delhi & Stamford Telephone Co.New York Supreme Court · 1901
10 more not listed; retrieve them via the Exa API.