Legal Opinion

Ford v. . Belmont

New York Court of Appeals

Decided May 22, 1877PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought under section 449 of the Code to determine the title to certain real estate situate in the city of New York.

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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought under section 449 of the Code to determine the title to certain real estate situate in the city of New York. The facts as found by the court were in substance as follows: In May, 1835, A. M. Bruen, one who was then seized and possessed of said premises, executed a certain instrument under seal, whereby he empowered one Matthew Saint Clair Clarke to compromise certain claims,…

1Opinion of the CourtRapallo, J.

The plaintiff in her complaint sets forth her alleged source of title to' the two lots of land in controversy in this action. That is a deed from the general assignee in bankruptcy.

The facts found in the case show clearly that this deed conveyed nothing to the plaintiff, and that she has no title whatever to the land in dispute, or any share or interest therein. She had, nevertheless, been in actual possession for three years, and that was sufficient to entitle* her to maintain this proceeding, and compel the defendants to show their title.

They showed upon the trial that they and those under…

2Cited by8 opinions

  1. Best Renting Co. v. City of New YorkNew York Court of Appeals · 1928
  2. Vanderveer Crossings v. RapaljeAppellate Division of the Supreme Court of the State of New York · 1909
  3. Van Auken v. MonroeMichigan Supreme Court · 1878
  4. St. William's Church v. PeopleAppellate Division of the Supreme Court of the State of New York · 1945
  5. Stackhouse v. StotenburAppellate Division of the Supreme Court of the State of New York · 1897

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