Clapp v. . Byrnes
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. This was an action in ejectment to recover the possession of an undivided one-seventh part of certain lands situate in the town of Mamaroneck, in the county of Westchester. The defendant, in addition to the claim that the plaintiff was divested of title to the premises in dispute, by virtue of the judgment rendered upon the foreclosure of the mortgage held by Hnldah H. Clapp,…
1Opinion of the CourtO’Brien, J.
The principal question in this case is the one discussed and decided in the case of Clapp v. McCabe at the present term. There are one or two questions discussed in this case that were not present in the case referred to, and they do not call for much discussion.(1) There was no proof in the case upon which it could be found that the plaintiff was in any way estopped from claiming the lands described in the complaint as against the defendants.(2) The instrument of April 20th, 1883, executed by the heirs of Hawley D. Clapp to Henry A. Callan was excluded by the court as evidence. The plaintiff…
2Cited by5 opinions
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- Bannin v. PeckAppellate Division of the Supreme Court of the State of New York · 1943
- Polhamus v. HinesNew York Supreme Court · 1926
- McKenna v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904