Smith v. . Reid
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made October 28, 1890, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtBrown, J.
The purpose of this action was to have certain deeds, under which the defendant claimed to be the owner of an undivided interest in the lands described in the complaint, declared to be a cloud upon the plaintiff’s title and to have the same adjudged void and illegal.
There is no dispute as to the facts of the case and, excepting the possession by plaintiff of the property in question, they appear by admission in the pleadings or from records introduced in evidence upon the trial by the plaintiff.
The defendant makes his title through a deed from Carrie Lowitz, one of the devisees of the land…
2Cases cited9 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Coleman v. . BurrNew York Court of Appeals · 1883
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Ga Nun v. . PalmerNew York Court of Appeals · 1916
- Pereira v. Checkmate Communications Co. (In Re Checkmate Stereo & Electronics, Ltd.)United States Bankruptcy Court, E.D. New York · 1981
- Eckert v. WendelTexas Supreme Court · 1931
69 more not listed; retrieve them via the Exa API.