Legal Opinion

Eller v. Loch Sheldrake Improvement Corp.

New York Supreme Court

Decided December 31, 1948Published

1Opinion of the CourtBergan, J.

The action is maintained under article 15 of the Beal Property Law which authorizes a determination of an adverse claim to real property (§ 500), and damage is sought for waste under sections 533 and 534 of that statute.

It is alleged in general language that at the times specified the plaintiff was and still is the owner of the land described and that defendant Loch Sheldrake Improvement Corp. “ unjustly claims an estate and interest ” in the premises arising from the deeds of its grantors and that this defendant, in agreement with defendant Mongaup, has entered with Mongaup on the land and…

2Cases cited13 opinions

  1. Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
  2. Bunce v. ReedNew York Supreme Court · 1853
  3. Helterline v. PeopleNew York Court of Appeals · 1946
  4. Olcott v. . RobinsonNew York Court of Appeals · 1860
  5. Olds v. City of JamestownNew York Court of Appeals · 1939

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