Duffy v. Shirden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Salvador Bodriguez, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff,. entered in the office of the clerk of the county of Kings on the 11th day of January, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendant’s demurrer to the complaint in a proceeding for the registration of a title to real property Under the provisions of article 12 of the Beal…
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Appeal by the defendant, Salvador Bodriguez, from, an interlocutory judgment of the Supreme Court in favor of the plaintiff,. entered in the office of the clerk of the county of Kings on the 11th day of January, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendant’s demurrer to the complaint in a proceeding for the registration of a title to real property Under the provisions of article 12 of the Beal Property Law (Consol. Laws, chap. '50; Laws of 1909, chap. ■ 52).*
1Opinion of the Court
Rich, J.:
The appellant is, to a very small extent, an abutting owner, the southeast corner of the rear of his lot abutting six inches on the. northwest corner of the rear of .respondent’s premises. The demur-rant first contends that the cause of action alleged' in the original complaint was based upon chapter 444 of the Laws of 1908, which was known as the Land Title Begistration Law, and which was repealed two months before the action was commenced, and that the cause of action alleged in the amended complaint is based upon a different statute, namely, article 12 of the Beal Property Law,'…
2Cases cited4 opinions
- Tyler v. Judges of the Court of RegistrationSupreme Court of the United States · 1900
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- Thompson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1902
- Duffy v. ShirdenAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by10 opinions
- State Ex Rel. Clinton Falls Nursery Co. v. County of SteeleSupreme Court of Minnesota · 1930
- State Ex Rel. Schuler v. NolteSupreme Court of Missouri · 1926
- Hawes v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Title Guarantee and Trust Co. v. GrisetCalifornia Supreme Court · 1922
- Sundermann v. PeopleAppellate Division of the Supreme Court of the State of New York · 1911
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