Mission of the Immaculate Virgin v. Cronin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 17,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The admission that the partition of 1809 is the common source of title is fatal to the plaintiff’s case. (Code Civ.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 17,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The admission that the partition of 1809 is the common source of title is fatal to the plaintiff’s case. (Code Civ. Pro. §§ 368-372.) The acts of trespass committed by the grantors of the defendants in cutting cedars on the property did not constitute possession. (Thompson v.…
1Opinion of the CourtEarl, J.
This is an action of ejectment, commenced April 10th, 1889, to recover about thirty acres of land known as lots 4 and 5 of the second division of Rockaway Beach. The land extends along the Atlantic ocean about 1,320 feet with a depth back from the ocean of about 900 feet. In 1809 there was a partition proceeding in the Court of Common Pleas of Queens county for the partition among alleged owners of a large tract of land including this land, and in that proceeding this land was set off to Thomas Bannister in the right of his wife Eaehel, and it was admitted upon the trial that both parties…
2Cases cited3 opinions
- Wheeler v. . SpinolaNew York Court of Appeals · 1873
- McRoberts v. . BergmanNew York Court of Appeals · 1892
- Roe v. . StrongNew York Court of Appeals · 1890
3Cited by12 opinions
- White v. HarrisIllinois Supreme Court · 1903
- Hyer v. GriffinSupreme Court of Florida · 1908
- Kellum v. . CorrNew York Court of Appeals · 1913
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Cameron Estates, Inc. v. DeeringAppellate Division of the Supreme Court of the State of New York · 1953
7 more not listed; retrieve them via the Exa API.