Clute v. Voris
New York Supreme Court
ACTION to recover possession of land at New Rochelle, in Westchester county, which Samuel B. Broad, being in undisturbed possession under claim of title, on March 25 th, 1844, mortgaged to one Clinton Roosevelt. Soon after he gave permission to William Broad, his brother, to occupy a room in the house on the premises, and under a verbal license from him, in April or May, 1844, Albert Badeau forcibly, as against Samuel B. Broad, entered.
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ACTION to recover possession of land at New Rochelle, in Westchester county, which Samuel B. Broad, being in undisturbed possession under claim of title, on March 25 th, 1844, mortgaged to one Clinton Roosevelt. Soon after he gave permission to William Broad, his brother, to occupy a room in the house on the premises, and under a verbal license from him, in April or May, 1844, Albert Badeau forcibly, as against Samuel B. Broad, entered. In the fall of 1844, the defendant entered under color of purchase from Badeau, and has since occupied. In 1855 default was made on Roosevelt's mortgage, it…
1Opinion of the Court
By the Court, Emott, J.
The land for which this action was brought was owned originally by one Sarah Norroway Clarke. She died in 1810, intestate, seised and in possession of the premises. She was unmarried, and left. two sisters, both of whom were aliens, and an aunt, Sarah Norroway, the wife of Anthony Norroway. This Mr. and Mrs. Norroway were living upon the property with Miss Clarke, and after her death they continued in the occupation of it as long as they lived. Anthony Norroway died in 1831, and Sarah Norroway in 1832. It does not seem that they made any claim to be the owners of the…
2Cases cited4 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Whitney v. WrightNew York Supreme Court · 1836
- Jackson v. RightmyreNew York Supreme Court · 1819
- Howland v. RalphNew York Supreme Court · 1808
3Cited by6 opinions
- L'Engle v. ReedSupreme Court of Florida · 1891
- McRoberts v. . BergmanNew York Court of Appeals · 1892
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Kerr v. FarishMississippi Supreme Court · 1876
- Reformed Church of Gallupville v. SchoolcraftNew York Supreme Court · 1871
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