Hill v. Mowbray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Eliphalet Mowbray and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 15th day of March, 1911, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Woodward, J.:
The plaintiff, proceeding Under the provisions of section 1638 of the Code of Civil Procedure, seeks a judicial determination of adverse claims to real property in her possession, and has judgment. The defendants appeal from such judgment.
There is no question but that the plaintiff pleaded a good cause of action under the statute, and her own testimony, that she has been in possession of the premises under a claim of title in fee for more than one year prior to the commencement of this action, is undisputed. The deed under which plaintiff claims title is in evidence, and there is…
2Cases cited1 opinion
- Stackhouse v. StotenburAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Hamilton v. HamiltonNew York Supreme Court · 1912