Towle v. Forney
New York Court of Appeals
Action in the superior court of the city of Few-York to recover two lots of land. The plaintiff had a verdict and judgment. On appeal by the defendant, the judgment was affirmed at a general term of the superior court. (For a statement of the case and the reasons for the decision, see' 4 Fuer, 164.) The defendant appealed to this court, where the case was submitted on printed arguments, by
1Opinion of the CourtDenio, C. J.
The plaintiff’s counsel maintains that the questions of law involved in this case have been conclusively settled in his favor in the courts of this state. In Clarke v. Van Surlay (15 Wend., 436), the plaintiff, one of the children of Thomas B. Clarke, brought ejectment for a portion of the Chelsea farm, claiming title under the will of Mary Clarke, against the defendant, who held under a deed executed on the second day of August, 1821, by T. B. Clarke to one George De Grasse. The will of Mrs. Clarke, the several acts of the legislature, and the proceedings in the court of chancery, which were…
2Cases cited3 opinions
- Williamson v. BerrySupreme Court of the United States · 1850
- Cochran v. Van SurlayNew York Supreme Court · 1838
- Clarke v. Van SurlayNew York Supreme Court · 1836
3Cited by11 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Moog v. RandolphSupreme Court of Alabama · 1884
- Crawford v. Linn CountyOregon Supreme Court · 1884
- Gould v. Mayor of BaltimoreCourt of Appeals of Maryland · 1883
- Byram v. Board of CommissionersIndiana Supreme Court · 1896
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