Brabin v. . Hyde
New York Court of Appeals
The facts of the case will sufficiently appear in the opinion of the court, as delivered by Brows-, J. Brabin, the plaintiff, was in actual possession of the property at the time it was taken by the defendant. That such possession was sufficient evidence of title to maintain the action against all the world, except the true owner, and as the defendant set up' title in himself only, title in any other person was of no. avail to him.
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The facts of the case will sufficiently appear in the opinion of the court, as delivered by Brows-, J. Brabin, the plaintiff, was in actual possession of the property at the time it was taken by the defendant. That such possession was sufficient evidence of title to maintain the action against all the world, except the true owner, and as the defendant set up' title in himself only, title in any other person was of no. avail to him. (Pangburn v. Patridge, 7 Johns., 140; 3 Hill, 168; 20 Johns., 465; 3 Wend., 240; 1 id., 109; 10 id., 349; 14 id., 335; 15 id., 631; 6 Barb., 79.) The judge charged…
1Opinion of the CourtBrown, J.
The plaintiff was in the possession of a mare and colt which he claimed as owner, by purchase, from Hilton Blackmer, iñ August, 1857. On the 3d of September thereafter, the defendant took the mare and colt from his possession, which he also claimed to own under a purchase from Hilton Blackmer, in the month of July preceding. This action was brought by the plaintiff to recover the possession, and was tried at the Honroe Court before Hr. Justice Smith, where the plaintiff had a verdict upon which judgment was entered. An appeal was taken to the General Term of the Supreme Court for the seventh…
2Cited by29 opinions
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- Brown v. WadeSupreme Court of Iowa · 1876
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