Baker v. Duff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Theodore Baker and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of -the clerk of the county of Bichmond on the 10th day of May, 1909, upon the dismissal of the complaint by direction of the court'at the close of the plaintiff’s ease on a trial at the' Bichmond Trial Term, and also from an order bearing date the 7th day of May, 1909, and entered in said clerk’s office denying the plaintiffs’ motion…
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Appeal by the plaintiffs, Theodore Baker and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of -the clerk of the county of Bichmond on the 10th day of May, 1909, upon the dismissal of the complaint by direction of the court'at the close of the plaintiff’s ease on a trial at the' Bichmond Trial Term, and also from an order bearing date the 7th day of May, 1909, and entered in said clerk’s office denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Rich, J.:
The plaintiffs base their right to possession upon a title derived under the last will of their deceased father, John Baker (admitted to *14probate December 2, 1887), who, it is claimed, derived title thereto from Jeremiah Baker and wife on March 24,1838. It is not shown. that either of the plaintiffs, or any of their predecessors in title, ever had actual possession of the premises in dispute. The defendants claim title through a conveyance from Emma H, Griffith, Ella H. Post and Minnie Van Riper, oil July 18,1890, under which deed they entered into immediate possession, 'which : they…
2Cases cited5 opinions
- People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
- Mason v. . HenryNew York Court of Appeals · 1897
- Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1894
- Burdick v. HicksAppellate Division of the Supreme Court of the State of New York · 1898
- Messinger v. FosterAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Evans v. LuxNew York Supreme Court · 1923
- In re City of New YorkNew York Supreme Court · 1953
- 238 East 9th Street Corp. v. BernichAppellate Division of the Supreme Court of the State of New York · 1962