Legal Opinion

Bedell v. Shaw

New York Court of Appeals

Decided November 17, 1874PublishedCited by 2 opinions

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Appeal from a judgment of the General Term of the City Court of Brooklyn, affirming a judgment in favor of plaintiff, entered upon the decision of the court upon trial without a jmy. This was an action of ejectment to recover possession of a lot in the city of Brooklyn. The court after finding the rightful title in plaintiff, found, in substance, that the mayor and common council of the city of Brooklyn, executed and delivered a deed dated November 13, 1838, purporting to convey to William Beard the premises in question, for the term of 1,500 years, under and by virtue of an alleged sale…

1Opinion of the CourtFolger, J.

This case is to be distinguished from that of Sands v. Hughes (53 N. Y., 287). There the defendants began and kept up their possession for over twenty years, with a claim to the entire title. The conveyances under which they claimed were of the fee. Their claim denied the existence of any other title than theirs. Possession for such a time, under such a claim, was adverse, though the title was not rightful.

Here, however, the claim in its beginning, and ever since, admits that there is a rightful title in fee elsewhere than in the defendants, and that it is in the plaintiff, and admits that it…

2Cases cited7 opinions

Ricard v. WilliamsSupreme Court of the United States · 1822
De Peyster v. . MichaelNew York Court of Appeals · 1852
Sands v. . HughesNew York Court of Appeals · 1873
Burhans v. . Van ZandtNew York Court of Appeals · 1852
Jackson v. LoomisNew York Supreme Court · 1825

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3Cited by2 opinions

Bedell v. EdgettAppellate Division of the Supreme Court of the State of New York · 1907
Gourley v. CampbellNew York Supreme Court · 1875