Dawley v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 9 Hun, 461.) This was an action of ejectment to recover possession of certain premises situate in Monroe comity. Defendant set up as a defense a former suit pending. The facts are sufficiently stated in the opinion.
1Opinion of the CourtRapallo, J.
The title proved by the plaintiff on the trial of this action, was a devise from his father to the plaintiff and his brother, a quit-claim from the brother to plaintiff, a deed from plaintiff to one Culver in March, 1857, and a reconveyance from Culver to the plaintiff, dated and acknowledged on the 17th of July, 1869. This action was commenced in April, 1870.
It appeared upon the trial that before the commencement of this action, and after the conveyance from plaintiff to Culver, but before the reconveyance, the plaintiff had brought another action, against the defendant and George D. Fox and…
2Cases cited8 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Burt v. SternburghNew York Supreme Court · 1825
- Kelsey v. . WardNew York Court of Appeals · 1868
- Barrows v. KindredSupreme Court of the United States · 1867
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3Cited by50 opinions
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Cook v. . ConnersNew York Court of Appeals · 1915
- Hoover v. KingOregon Supreme Court · 1903
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- King v. . TownshendNew York Court of Appeals · 1894
45 more not listed; retrieve them via the Exa API.