Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.
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 July 21, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. This was an action of ejectment. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 21, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term dismissing the complaint. This was an action of ejectment. The facts, so far as material, are stated in the opinion. The dismissal of the complaint in this action is based on the fact that the plaintiffs did not show either a connected chain of title back to the sovereign or a pedis possessio of the premises. Such dismissal was error. (132 N. Y.…
1Opinion of the CourtEarl, J.
The facts of this case are not materially different from those which appeared in the record when the case was before the Second Division of this court upon the former appeal (132 N. Y. 408). Flow as then the plaintiffs rely mainly for their title upon a deed, given under a partition of land by action between parties who are not shown ever to have liad title to the land or the possession thereof.
A partition of land by action does not create title where none existed before. The sole effect can be to give title in severalty where before it was in common ; and it establishes and settles the title…
2Cases cited3 opinions
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Mankin v. ChandlerU.S. Circuit Court for the District of Eastern Virginia · 1823
3Cited by14 opinions
- Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
- Bradshaw v. AshleySupreme Court of the United States · 1901
- Scott v. DoughtySupreme Court of Virginia · 1919
- Archibald v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- Wiechers v. McCormickAppellate Division of the Supreme Court of the State of New York · 1907
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