Whiting v. . Edmunds
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which denied a motion for a new trial,' and directed judgment in favor of defendants upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in ‘the opinion.
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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which denied a motion for a new trial,' and directed judgment in favor of defendants upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in ‘the opinion. Royal Torrey is estopped from setting his own title up as a defense against the title under which he entered; and whatever estops him estops his grantees. (Burham v. Van Zandt, 7 Barb: 91; Phelan v. Kelly, 25 Wend. 389; Jackson v. Walker, 7 Cow.…
1Opinion of the CourtFinch, J.
This was an action of ejectment. The plaintiff made title by showing a deed from Williams and wife to George F. Torrey, given and recorded in 1846 ; a mortgage by George F. Torrey to W. S. Chamberlain in 1869; an assignment of that mortgage to plaintiff in 1870; and a foreclosure of the same and referee’s deed to plaintiff in 1874. He further proved a deed from Chamberlain to George F. Torrey in 1869, and rested. The plaintiff thus asserted title and possession in Williams in 1846, and at the same date in George F. Torrey as the grantee of Williams, and also title and possession in…
2Cases cited6 opinions
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Sands v. . HughesNew York Court of Appeals · 1873
- Towne v. ButterfieldMassachusetts Supreme Judicial Court · 1867
- Jackson ex dem. Vandeuzen v. ScissamNew York Supreme Court · 1808
- Jackson ex dem. Wills v. StilesNew York Supreme Court · 1823
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3Cited by45 opinions
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Jones v. . ReillyNew York Court of Appeals · 1903
- Ramapo Manufacturing Co. v. MapesNew York Court of Appeals · 1915
- Sandoval County Board of Education v. YoungNew Mexico Supreme Court · 1939
- Bradt v. . ChurchNew York Court of Appeals · 1888
40 more not listed; retrieve them via the Exa API.