Ludlow v. Rector, Church Wardens & Vestrymen of St. John's Church
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 7, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to determine title to real property.
1Per curiam
Without entering upon a discussion of the other questions presented on this appeal, we reach the conclusion that the order appealed from must be reversed and the judgment of the Special Term affirmed for the following reason:
In order to maintain this action it was incumbent on the plaintiff to establish that she had been in possession of the real property involved in the "action for at least a year before the commencement of her action. Her allegation in the complaint to this effect was denied by the defendant, and the court at Special Term refused to find as requested by her that she had…
2Cited by46 opinions
- Dendy v. WilsonTexas Supreme Court · 1944
- People v. ShephardIllinois Supreme Court · 1992
- Pee v. United StatesCourt of Appeals for the D.C. Circuit · 1959
- Buckley v. BaconCalifornia Court of Appeal · 1966
- People v. ChapmanMichigan Supreme Court · 1942
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