Stackhouse v. Stotenbur
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Mary S. Stackhouse and others against John Stotenbur and another. From a judgment for plaintiffs, entered on the report of a referee, defendants appeal. Affirmed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtMerwin, J.
This action was commenced on August 1, 1891,. under the provisions of the Code of Civil Procedure relating to the determination of claims to real property (section 1638 et seq.), for the purpose of quieting the title to a house and lot in the village of Havana. The plaintiffs, in their complaint, claimed to be owners in fee of the premises, and, in substance, alleged that, for more than three years previous to the commencement of the action, they had been in actual possession of the premises, as tenants in common, holding the same through the plaintiff Mary S. Stackhouse, one of the tenants…
2Cases cited4 opinions
- In re TaylorNew York Court of Chancery · 1842
- Barnard v. SimmsNew York Supreme Court · 1864
- Ford v. . BelmontNew York Court of Appeals · 1877
- Benson v. TownsendNew York Supreme Court · 1889