Lowber v. Kelly
The Superior Court of New York City
Demurrer to the complaint. This action was brought by Elizabeth G-. Lowber against William Kelly and Gabriel Winter. It appeared from the complaint that Winter had conveyed to plaintiff certain land in Hew York city, of which Winter was the owner in fee, but of which Kelly was in possession. The substance of the complaint sufficiently appears from the opinion.
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Demurrer to the complaint. This action was brought by Elizabeth G-. Lowber against William Kelly and Gabriel Winter. It appeared from the complaint that Winter had conveyed to plaintiff certain land in Hew York city, of which Winter was the owner in fee, but of which Kelly was in possession. The substance of the complaint sufficiently appears from the opinion. The demand for judgment was as follows: “ Wherefore the plaintiff prays for a judgment of this court, declaring and adjudging that as between the defendants, William Kelly and Gabriel Winter, the title to said property in fee-simple, is…
1Opinion of the Court
Bosworth, Ch. J.
One ground of demurrer is, that the complaint does not state facts sufficient to constitute a cause of action. The action is brought to recover possession of certain real estate described in the complaint.
The defendant Kelly insists that the complaint shows, that at the time of the delivery of the deed to the plaintiff, under which she claims title and a right to immediate possession, Kelly was in the actual possession of the land in question, under a claim of title adverse to that of the plaintiff’s grantor. The plaintiff insists that the complaint does not show that *458Kelly…
2Cases cited3 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
- Burhans v. BurhansNew York Court of Chancery · 1847
3Cited by1 opinion
- Hopkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1910