Legal Opinion

Becker v. . Church

New York Court of Appeals

Decided October 8, 1889PublishedCited by 15 opinions

Appeals from judgments of the General Term of the Supreme Court in the third judicial department, ehteredupon orders made November 16, 1886, which affirmed judgments in favor of plaintiffs in the action first above-entitled, and in favor of defendant in the action second entitled, entered upon reports of a referee. The nature of the actions and the material facts are stated in the opinion. The jurisdiction of the court of equity was complete in this case.

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Appeals from judgments of the General Term of the Supreme Court in the third judicial department, ehteredupon orders made November 16, 1886, which affirmed judgments in favor of plaintiffs in the action first above-entitled, and in favor of defendant in the action second entitled, entered upon reports of a referee. The nature of the actions and the material facts are stated in the opinion. The jurisdiction of the court of equity was complete in this case. (108 N. Y. 507; Code, §499; 111 N. Y. 559.) The entry of Hughes, under a deed from Walter, was an original entry, under color of title…

1Opinion of the CourtGray, J.

In these two actions, which were argued as one, the facts are alike; but in each certain equitable relief -is sought, the claim to which is based by the plaintiffs upon a different conclusion drawn from those facts. In Becker’s action against Church he seeks to enjoin certain summary proceedings before the county judge, which Church had instituted for the removal of Becker and others, as tenants of certain premises, on the ground of an expiration of their terms of tenancy. The plaintiffs, however, say that the defendant is not the owner of the premises, and that a writing, purporting to…

2Cases cited2 opinions

  1. Hamilton v. CummingsNew York Court of Chancery · 1815
  2. Pettit v. ShepherdNew York Court of Chancery · 1835

3Cited by15 opinions

  1. Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
  2. Meyerhoffer v. BakerAppellate Division of the Supreme Court of the State of New York · 1907
  3. Rodgers v. EarleThe Superior Court of the City of New York and Buffalo · 1893
  4. Noble v. McGurkNew York Supreme Court · 1896
  5. Woods v. GarcewichAppellate Division of the Supreme Court of the State of New York · 1901

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