Malin v. Rose
New York Supreme Court
The defendant in this case compelled the plaintiffs to commence a proceeding in the nature of an action of ejectment against him, for the recovery of certain lands, under the provisions of the'revised statutes, headed, “Proceedings to compel the determination of claims to real property in certain cases.” 2 R. S. 312, &c.
Read the full summary
The defendant in this case compelled the plaintiffs to commence a proceeding in the nature of an action of ejectment against him, for the recovery of certain lands, under the provisions of the'revised statutes, headed, “Proceedings to compel the determination of claims to real property in certain cases.” 2 R. S. 312, &c. The plaintiffs, upon being served with the notice prescribed by the statutes, appeared and declared against the defendant, who put in a plea of the gener. al issue. The cause was tried, and the plaintiffs had a verdict, which the court, on motion, refused to set aside. The…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Title first of chapter fifth of the third part of the revised statutes, 2 R. S. 303 to 312, treats “ Of the action of Ejectment.” The 36th section of the title declares, that every judgment in the action of ejectment, rendered upon a verdict, shall be conclusive as to the title established in such action, upon the party against whom the same is rendered, and against all persons claiming under him, subject to certain exceptions; one of which is, that the party against whom the judgment is rendered is entitled, at any time within three years after the rendition of the…
2Cited by2 opinions
- Soloman v. NeidigNew York Court of Common Pleas · 1862
- Handley v. CallSupreme Judicial Court of Maine · 1847