Sweetland v. . Buell
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered July 3, 1896, upon an order of the late General Term in the fifth judicial department, overruling defendants’ exceptions ordered to be heard in the first instance at General Term, denying a motion for a new trial and directing judgment for plaintiff upon a verdict directed by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Supreme Court, entered July 3, 1896, upon an order of the late General Term in the fifth judicial department, overruling defendants’ exceptions ordered to be heard in the first instance at General Term, denying a motion for a new trial and directing judgment for plaintiff upon a verdict directed by the court on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The deed from Williams Holt to Joseph Clary did not vest the title in Clary as sole tenant, but it inured to the benefit of his cotenants. One tenant…
1Opinion of the CourtMaetin, J.
This action was commenced against Jonathan S. Buell in April, 1893. In March, 1894, Buell died and subsequently the present defendants, who are the heirs and personal representatives of the decedent, were made parties defendant. The purpose of the action was to compel the determination of a claim of title adverse to that of the plaintiff made by the decedent and those succeeding him in interest. The decedent and the defendants, as successors to his interest, claimed to be. the owners of an undivided one-half of the” premises in question. As the plaintiff was in possession, this action was…
2Cases cited12 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Baker v. . OakwoodNew York Court of Appeals · 1890
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- Rametta v. KazloAppellate Division of the Supreme Court of the State of New York · 1979
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