Armstrong v. . Dubois
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Assuming that the lease covered the premises in question plaintiffs are not estopped from setting up title under George Bennet, the lessee, against the defendants who claim under Dean, the lessor.
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Appeal from judgment of the General Term of the City Court of Brooklyn, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Assuming that the lease covered the premises in question plaintiffs are not estopped from setting up title under George Bennet, the lessee, against the defendants who claim under Dean, the lessor. (Jackson v. Whitford, 2 Caines, 215; Tompkins v. Snow, 63 Barb. 532; Jackson v. Speare, 7 Wend. 401; Jackson v. Walker, 7 Cow. 637-644; Brown…
1Opinion of the Court
Andrews, Ch. J.
The action is ejectment to recover about two acres qf land in the city of Brooklyn, formerly salt meadow on Gowanus bay. The defendants other than the St. Nicholas Insurance Company, are in possession, claiming title under a deed from George Bennet to Joseph Dean, dated July 18, 1818. The St. Nicholas Insurance Company is mortgagee, under a mortgage executed under the Dean title. The-plaintiffs claim title under the will of George Bennet, who died in 1832, and who is the common source of the title claimed by both parties. It was adjudged on the trial that the premises in…
2Cases cited5 opinions
- Clark v. . BairdNew York Court of Appeals · 1853
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Cornell v. ToddNew York Supreme Court · 1846
- Tymason v. BatesCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by15 opinions
- Andreu v. WatkinsSupreme Court of Florida · 1890
- In re the City of New YorkNew York Supreme Court · 1936
- Genesee Valley Canal Railroad v. SlaightNew York Supreme Court · 1888
- Gottfried v. StateNew York Court of Claims · 1960
- Snyder v. County of MonroeNew York Supreme Court · 1956
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