Mayor, Etc., of New York v. . Carleton
New York Court of Appeals
Appeals from judgments of the General Term of the Superior Court of the city of New York, entered upon orders made December 15, 1886, which affirmed judgments in favor of plaintiff, entered upon verdicts directed by the trial court. The nature of the action and the material facts are stated in the opinion. In ejectment the plaintiff must recover on the strength of his own title, and if he has none, the question of the defendant’s title is unimportant.
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Appeals from judgments of the General Term of the Superior Court of the city of New York, entered upon orders made December 15, 1886, which affirmed judgments in favor of plaintiff, entered upon verdicts directed by the trial court. The nature of the action and the material facts are stated in the opinion. In ejectment the plaintiff must recover on the strength of his own title, and if he has none, the question of the defendant’s title is unimportant. (Sweet v. B., N. Y. & P. R. Co., 79 N. Y. 297; Sills v. Draper, 10 Barb. 458.) If the city has title to its streets, ancient or modern, it is…
1Opinion of the Court
Earl J.
These are actions of ejectment, involving the title to most of that portion of a block of land situated in the city of Hew York, bounded by One Hundred and Twentieth and One Hundred and Twenty-first streets, Third avenue and Sylvian place. They were commenced in April, 1878, and brought to trial in 1885 at a Circuit, and verdicts therein were directed in favor of the plaintiff.
Prior to 1838 the lands in question belonged to private owners. Early in that year a petition was presented to the common council of the city asking that they be acquired by the city for a market and public…
2Cases cited5 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Whitney v. WrightNew York Supreme Court · 1836
- Gardner v. . HeartNew York Court of Appeals · 1848
- Jackson ex dem. Murray v. DennNew York Supreme Court · 1825
- Carleton v. . DarcyNew York Court of Appeals · 1882
3Cited by7 opinions
- Eldridge v. . City of BinghamtonNew York Court of Appeals · 1890
- McRoberts v. . BergmanNew York Court of Appeals · 1892
- Weeks v. CranmerSouth Dakota Supreme Court · 1904
- Clark v. KirklandNew York Supreme Court · 1908
- Brunett v. City of RochesterNew York Supreme Court · 1925
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