Weston v. . Stoddard
New York Court of Appeals
Appeal' from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 21, 1891, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term confirming the report of commissioners in partition. This was an action for partition. The facts, so far as material, are stated in the opinion.
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Appeal' from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 21, 1891, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term confirming the report of commissioners in partition. This was an action for partition. The facts, so far as material, are stated in the opinion. The complaint should have been dismissed because the plaintiff was neither in actual nor constructive possession of the premises. (Code Civ. Pro. §§ 1532, 1537; Sullivan v. Sullivan, 66 N. Y. 37; Florence v. Hopkins, 46 id. 182;…
1Opinion of the CourtMaynard, J.
The important question presented by this appeal relates to the defense of adverse possession. The appellants have title to an undivided three-fourths, and they allege in their answer that they have been in the actual and exclusive possession of the premises sought to be partitioned, and of every part thereof, claiming to own the same, and holding the same in hostility to the plaintiff and all other persons for more than twenty years before the commencement of this action, and that the plaintiff had actual notice of their exclusive and hostile possession; and that they were, when this suit was…
2Cases cited6 opinions
- Godfrey v. GodfreyIndiana Supreme Court · 1861
- Hosford v. MerwinNew York Supreme Court · 1848
- Hewlett v. . WoodNew York Court of Appeals · 1875
- Wainman v. . HamptonNew York Court of Appeals · 1888
- Martin v. WalkerCalifornia Supreme Court · 1881
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3Cited by48 opinions
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Ellerson v. . WestcottNew York Court of Appeals · 1896
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- McKenna v. MeehanNew York Court of Appeals · 1928
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