Dwight v. Peart
New York Supreme Court
THIS was an appeal from an order made at a special term, overruling the demurrer of the plaintiff to the third answer of the defendant. The action was for the recovery of the possession of real property; the plaintiff claiming to own the same in fee. The plaintiff, in his complaint, stated his title to have been derived from Everard Peck, to whom the premises had been conveyed in trust by Maltby Strong.
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THIS was an appeal from an order made at a special term, overruling the demurrer of the plaintiff to the third answer of the defendant. The action was for the recovery of the possession of real property; the plaintiff claiming to own the same in fee. The plaintiff, in his complaint, stated his title to have been derived from Everard Peck, to whom the premises had been conveyed in trust by Maltby Strong. That Peck conveyed to the plaintiff on the 22d of ¡November, 1853. The answer set up that after the giving of the deed by Strong to Peck, Strong conveyed the premises in question to Stephen…
1Opinion of the CourtE. Darwin Smith, J.
The plaintiff claims to be the owner in fee simple of the premises for which he has brought his ejectment. The defendant is confessedly in possession without title, having gone into possession under a claim of title which we are to assume is spurious, derived through several mense conveyances from Wm. W. Alcott, who conveyed with warranty. The defendant now, in his answer, to which the plaintiff has demurred, and upon which we are called to pass, without setting up any title in himself, claims that the plaintiff is es-topped from asserting his legal title, because, before such title was…
2Cases cited8 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Brown v. WilliamsNew York Supreme Court · 1830
- Dart v. DartSupreme Court of Connecticut · 1828
- Hastings v. DickinsonMassachusetts Supreme Judicial Court · 1810
- Gibson v. GibsonMassachusetts Supreme Judicial Court · 1818
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