Brown v. Leigh
New York Court of Appeals
Appeal from an order. Samuel C. Brown sued Charles Leigh, in the supreme court; and in his complaint alleged that one William F. Brown, being, on a day named, the owner in fee, and in possession of certain lands, conveyed them in fee to plaintiff. That plaintiff was the owner in fee of such lands, and in possession thereof. That defendant unjustly claimed an estate therein for not less than ten years.
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Appeal from an order. Samuel C. Brown sued Charles Leigh, in the supreme court; and in his complaint alleged that one William F. Brown, being, on a day named, the owner in fee, and in possession of certain lands, conveyed them in fee to plaintiff. That plaintiff was the owner in fee of such lands, and in possession thereof. That defendant unjustly claimed an estate therein for not less than ten years. Judgment was demanded that defendant be declared barred of all claim to the land. Defendant answered, denying the allegations of the complaint, and setting up that he was the owner in fee of the…
1Opinion of the Court
By the Court.—Grover, J.
The order is appeal-able to this court (Code, § 11, subd. 4).
Section 449 of the Code provides, that an action may be brought to compel the determination of claims to real property, pursuant to the provisions of the Revised Statutes, and that the same may be prosecuted without regard to the forms of the proceedings as prescribed by these statutes. It follows, that the same rights of amendment exist in actions brought for this purpose, as in other actions authorized by the Code.
The question arising upon this appeal is, whether, under section 173 of the Code, a plaintiff…
2Cases cited3 opinions
- Hollister v. LivingstonNew York Supreme Court · 1854
- Prindle v. AldrichNew York Supreme Court · 1856
- Mason v. WhitelyThe Superior Court of New York City · 1854
3Cited by1 opinion
- People ex rel. Tripp v. Board of SupervisorsNew York Supreme Court · 1898