Sand v. . Church
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 20, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Circuit dismissing the complaint upon the merits.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered December 20, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Circuit dismissing the complaint upon the merits. This action was brought to recover the possession of a third interest in real property in the town of Berne, Albany county, subject to rent under a manorial lease from Stephen Van Rensselaer to Johannes Eclcer, dated June 20, 1798. The action was first tried in October, 1892, and at the close of plaintiffs evidence a motion…
1Opinion of the CourtBartlett, J.
The plaintiff brings this action under the provisions of section 1680 of the Code of Civil Procedure, which provides that “ where a tenant for life or for a term of years suffers judgment to be taken against him by consent or by default in an action of ejectment or action for dower, the heir or person owning the reversion or remainder may, after the determination of the particular estate, maintain an action of ejectment and recover the property.”
The plaintiff’s complaint is inartificially drawn, yet we agree with the views expressed by the learned presiding justice at the General Term in his…
2Cases cited1 opinion
- Bradt v. . ChurchNew York Court of Appeals · 1888
3Cited by5 opinions
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
- Sand v. ChurchAppellate Division of the Supreme Court of the State of New York · 1898
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
- Shook v. FoxAppellate Division of the Supreme Court of the State of New York · 1908
- Webster v. Pittsburg, Cleveland & Toledo RailroadOhio Supreme Court · 1908