Messinger v. Foster
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff asks for specific performance of a contract by the defendant with her to purchase a lot of land in the city of Mount Vernon, Westchester county, 2sT. Y. The defendant claims that the title is not marketable.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff asks for specific performance of a contract by the defendant with her to purchase a lot of land in the city of Mount Vernon, Westchester county, 2sT. Y. The defendant claims that the title is not marketable. John C. Ferguson being the owner of the land executed with his wife a mortgage thereon to John C. Remsen in 1852 for $1,200. The mortgagee began an action to foreclose the mortgage in the Westchester County Court in 1854, as appears by an entry .by the…
1Opinion of the Court
Gaynor, J.:
1. The adverse possession from which the plaintiff claims title began April 29th, 1865, at the latest, which is over 41 years ago. The adverse title is therefore made out, whether the alleged fee owner against whom and his heirs such possession ran, died after or before that time. If he died after, then the cause of action had. accrued during his lifelife, and his heirs, whether infants or adults, were limited to the time limited to their ancestor to bring ejectment, viz., 20 years from the time the cause of action accrued to him. Where an adverse possession begins to run in the…
2Cases cited3 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Peck v. Trustees of RandallNew York Supreme Court · 1806
3Cited by5 opinions
- Wanser v. . De NyseNew York Court of Appeals · 1907
- Martin v. GoodmanSupreme Court of Oklahoma · 1927
- Graham v. GrahamNew York Supreme Court · 1965
- Baker v. DuffAppellate Division of the Supreme Court of the State of New York · 1909
- Wanser v. De NyseAppellate Division of the Supreme Court of the State of New York · 1908