Esterbrook v. Savage
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was commenced in 1866, by one Josephine Allen, to recover the possession of certain land, in the city of New York, claimed to be wrongfully withheld from her by the defendant.
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Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried. This action was commenced in 1866, by one Josephine Allen, to recover the possession of certain land, in the city of New York, claimed to be wrongfully withheld from her by the defendant. The present plaintiff, who is the assignee in bankruptcy of the said Josephine Allen, was substituted in her place by an order made on the 30th day of April, 1878.
1Opinion of the Court
Barrett, J.:
This is an action in ejectment, to recover possession of a lot of land in West Forty-seventh street, in this city. The plaintiff’s assignor, Mrs. Josephine M. Allen, had a verdict at the circuit; and from the judgment entered thereon the defendant appeals.
The facts, essential to a proper appreciation of the important questions of law now presented, are these:
One Francis Child died in 1834, seized of certain premises, on the Bloomingdale road, of which the lot in controversy was part. He left a widow, Mary Child, and four children, Abraham Child, Jane Reed, Caroline Frances Savage,…
2Cases cited14 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Savage v. . AllenNew York Court of Appeals · 1873
- Doty v. . BrownNew York Court of Appeals · 1850
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Van Schuyver v. . MulfordNew York Court of Appeals · 1875
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