Dunham v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed, a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. No possession was shown prior to the deed by McGowan to Sandford, nor subsequently. (Thompson v. Burhans, 79 N. Y. 99; Nixon v. Walter, 4 Cent.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed, a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts are sufficiently stated in the opinion. No possession was shown prior to the deed by McGowan to Sandford, nor subsequently. (Thompson v. Burhans, 79 N. Y. 99; Nixon v. Walter, 4 Cent. Rep. 875; Price v. Brown, 101 N. Y. 669; Roberts v. Baumgarten, 110 id. 384-5; Miller v. L. I. R. R. Co., 71 id. 380; Gardner v. Heart, 1 id.…
1Opinion of the CourtBrown, J.
This action was brought to recover the possession of an undivided one-lialf of five lots of land, situated on the southei'ly side of Ninety-ninth street in the city of New Yoi’k.
The action was defended by the defendant Townsliend, the other defendants being in the occupancy and possession of the land under him. Possession was demanded from these defendants before the commencement of the action and refused. Townsliend did not in liis answer allege any ownership in the property.
On the trial it appeared that he had taken a deed of an undivided one-sixtli of the property, but it was not shown…
2Cases cited5 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Day v. . Town of New LotsNew York Court of Appeals · 1887
- Stevens v. . HauserNew York Court of Appeals · 1868
- Jarvis v. SewallNew York Supreme Court · 1863
- Carleton v. . DarcyNew York Court of Appeals · 1882
3Cited by35 opinions
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- Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
- Brandes Meat Corp. v. CromerAppellate Division of the Supreme Court of the State of New York · 1989
- Ripley v. StorerNew York Court of Appeals · 1956
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
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