Ernst v. Reed
New York Supreme Court
ACTION of ejectment to recover possession of a house and lot on southerly side of 48th street, in the city of New York. The plaintiff claimed title by virtue of the following facts : On the 25th of May, 1860, Thomas S. Brooks being the owner of lots on 48th street and 2d avenue (of which the lot in question was one,) made a contract with Charles Huber, by which Huber was to furnish the brown and blue stone for twenty houses, to be erected on the lots, as specified in a…
Read the full summary
ACTION of ejectment to recover possession of a house and lot on southerly side of 48th street, in the city of New York. The plaintiff claimed title by virtue of the following facts : On the 25th of May, 1860, Thomas S. Brooks being the owner of lots on 48th street and 2d avenue (of which the lot in question was one,) made a contract with Charles Huber, by which Huber was to furnish the brown and blue stone for twenty houses, to be erected on the lots, as specified in a written contract, for the price of $16,400. On the 17th day of May, 1861, Huber filed a lien with the county clerk, upon the…
1Opinion of the Court
By the Court, James C. Smith, J.
The lien acquired by Huber, on the 17th May, 1861, upon the premises in dispute, attached only to the legal right, title and interest then existing in Brooks. (Laws of 1851, oh. 513, § 1.)
Before the lien was filed, Brooks had parted with his entire title to the premises. It appears that Brooks had employed Hetzel to perform work and furnish materials in the construction of buildings on certain premises, of which the lot in dispute was a part, and in payment for such work and materials he had contracted to convey to Hetzel the house and lot in suit. Hetzel…
2Cases cited1 opinion
- Hathaway v. . PayneNew York Court of Appeals · 1865
3Cited by4 opinions
- Gross v. DalyNew York Court of Common Pleas · 1875
- Shrader v. BonkerNew York Supreme Court · 1873
- Jones v. SwayzeSupreme Court of New Jersey · 1880
- Utica City National Bank v. WilliamsNew York Supreme Court · 1888