Schonleben v. Swain
Appellate Division of the Supreme Court of the State of New York
Appeals by Joseph Schonleben and another, the plaintiffs in the first and theMefendants in the second above-entitled actions, from a judgment of the Supreme Court in each action in favor of Harold Swain, entered in the office of the clerk of the county of Hew York on the 27th day of March, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Scott, J.:
Both of these cases have to do with the title to a strip of land in the bed of what was formerly Fifth or Sherman avenue in the borough of the Bronx in the city of Hew York and which lies in front of and abuts upon a plot of land heretofore conveyed by the respondent Swain to the appellants Joseph and Mary P. Schonleben. In one action the Schonlebens seek to enjoin Swain from interfering with their use of the disputed plot. The other action is brought by Swain .to determine the respective rights of the parties to the plot in question.
Both actions arise upon the same facts and…
2Cases cited9 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by7 opinions
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- Barber v. . WoolfNew York Court of Appeals · 1915
- In re City of New YorkNew York Supreme Court · 1955
- In re OlingerAppellate Division of the Supreme Court of the State of New York · 1914
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.