Wing v. . De La Rionda
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 6,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order granting an extra allowance. This was an action of ejectment against Bernardo De La Bionda and his tenants, who claimed title and the right of possession of the premises in dispute, adverse to plaintiff under one Blanco.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made July 6,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order granting an extra allowance. This was an action of ejectment against Bernardo De La Bionda and his tenants, who claimed title and the right of possession of the premises in dispute, adverse to plaintiff under one Blanco. In 1836 one Minnie Suydam executed a mortgage upon said premises in the city of Brooklyn as part payment of the purchase-price thereof. Said mortgage…
1Opinion of the CourtPeckham, J.
Upon the last appeal in this action * we held there was no finding and no uncontradicted evidence proving that Blanco ever accepted the letter of Jackson to Mm so far as to make a contract between them, or that he went into possession under the contract so formed. We also said that if the orders in the foreclosure smt were void because Blanco ■had no notice of application for them, it would seem that a defense to this action would in that event he made out, even if the defendant did not connect himself with the rights of Blanco. This was upon the theory that the plaintiff, in case: the orders…
2Cases cited4 opinions
- Robinson v. CampbellSupreme Court of the United States · 1818
- Cagger v. . LansingNew York Court of Appeals · 1876
- Jackson ex dem. Smith v. PierceNew York Supreme Court · 1807
- Jackson ex dem. Minkler v. MinklerNew York Supreme Court · 1813
3Cited by6 opinions
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- People v. . InmanNew York Court of Appeals · 1910
- Brown v. Root Manufacturing Co.New York Court of Appeals · 1896
- Barson v. MulliganNew York Supreme Court · 1904
- Brown v. Root Manufacturing Co.New York Supreme Court · 1893
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