Sands v. . Hughes
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, affirming a judgment entered on the report of a referee, dismissing the complaint. The action was ejectment for the recovery of lot No. 912, on the map of the property of Charles Henry Hall, situate on the northerly side of One Hundred and Twenty-eighth street, in the city of Hew York.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of New York, affirming a judgment entered on the report of a referee, dismissing the complaint. The action was ejectment for the recovery of lot No. 912, on the map of the property of Charles Henry Hall, situate on the northerly side of One Hundred and Twenty-eighth street, in the city of Hew York. The plaintiff proved that on and prior to Hovember 23d, 1827, Charles Henry Hall was in possession of the lot, and deduced a regular chain of title from him to Jacob Bell, who purchased it in 1843 and died in 1852. On…
1Opinion of the CourtRapallo, J.
The plaintiff’s claim to recover in this action necessarily depended upon the assumption that the corporation lease was a nullity; for were it valid and operative, it would have deprived the plaintiff and his grantors of the right of possession while the term continued, and would consequently have defeated the action. Assuming, then, that the lease was unauthorized and void, the heirs of Jacob Bell, at the time of their conveyance to the plaintiff, had an immediate right of entry and possession. At that time, however, the premises were in the actual possession of the defendant, Hughes, under…
2Cases cited12 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812
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3Cited by39 opinions
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Monnot v. . MurphyNew York Court of Appeals · 1913
- Whiting v. . EdmundsNew York Court of Appeals · 1884
34 more not listed; retrieve them via the Exa API.