Shelley v. . Cody
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 6,1905, affirming a judgment in favor of plaintiffs entered upon the decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
O’Brien, J. John J.
Faulkner, the original plaintiff, brought this action against the defendant Francis A. Cody to procure the redemption of certain real property and to have the deeds and other conveyances, under which he claimed title and possession, declared to be mortgages merely, and also for an accounting with respect to rents and profits, or the use and occupation of the lands, while the defendant was in possession, as is alleged, wrongfully and forcibly. The unanimous affirmance in the court below has left but few questions for this court to consider, since the findings of the trial…
2Cases cited5 opinions
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Wood v. . WoodNew York Court of Appeals · 1881
- Jackson v. LoomisNew York Supreme Court · 1825
- Duffy v. . DuncanNew York Court of Appeals · 1866
3Cited by4 opinions
- Reich v. . CochranNew York Court of Appeals · 1915
- Vulovich v. BaichAppellate Division of the Supreme Court of the State of New York · 1955
- Flaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1992
- Reich v. . CochranNew York Court of Appeals · 1915