Legal Opinion

Stackhouse v. Stotenbur

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 1 opinion

Appeal oy the defendants, John Stotenbur and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schuyler on the 19th day of November, 1896, upon the report of a referee.

1Opinion of the Court

Merwin, J.:

This action was commenced on August 1, 1891, under the provisions of the Code of Civil Procedure relating to the determination of claims to real property (§§ 1638, et seq.), for the purpose of quieting the title to a house and lot in the village of Havana. The plaintiffs in their complaint claimed to be owners in fee of the premises, and in substance alleged that, for more than three years previous to the commencement of the action, they had been in actual possession of the premises as tenants in common, holding the same through the plaintiff Mary S. Stackhouse, one of the tenants…

2Cases cited4 opinions

  1. In re TaylorNew York Court of Chancery · 1842
  2. Barnard v. SimmsNew York Supreme Court · 1864
  3. Ford v. . BelmontNew York Court of Appeals · 1877
  4. Benson v. TownsendNew York Supreme Court · 1889

3Cited by1 opinion

  1. Hill v. MowbrayAppellate Division of the Supreme Court of the State of New York · 1911

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