Benson v. Townsend
New York Supreme Court
Appeal from circuit court, Bichmond county. Action by Constantine W. Benson against Henry D. Townsend and others. Judgment was rendered for defendants, and plaintiff appeals.
1Opinion of the CourtCullen, J.
This is an action, brought under the statute, to determine claims to real property. The complaint alleged possession in the plaintiff and his grantors of the premises described in the complaint for more than three years. The answers of the defendants put in issue the possession of the plaintiff or his grantors,' and set up title in themselves. At the close of the plaintiff’s case the defendants asked for a dismissal of the complaint upon the ground that the plaintiff had failed to prove an actual possession of the land in controversy. This application was denied. At the close of the evidence…
2Cases cited3 opinions
- Mulry v. . NortonNew York Court of Appeals · 1885
- Kirtz v. . PeckNew York Court of Appeals · 1889
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
3Cited by3 opinions
- Stackhouse v. StotenburAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Blakslee v. Commissioners of Land-OfficeNew York Supreme Court · 1891
- Stackhouse v. StotenburAppellate Division of the Supreme Court of the State of New York · 1897