De Garmo v. . Phelps
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The conveyance to Inglehart and eventually to this plaintiff was not within the inhibition of the statute which provides that “ every grant of land shall be absolutely void if at the time of the delivery thereof such lands shall be in the actual…
1Opinion of the CourtCullen, J.
The action is in ejectment for the recovery of a piece of land in the village of Nunda, county of Livingston. Under the findings of the trial court there is but a single question presented to us on this appeal. The plaintiff traced her title from one Robert Girven, concededly the owner and in possession of the premises, who, on April 25th, 1889, mortgaged the property to one James H. Carmichael. The mortgage was subsequently assigned to Annie E. Yolger, and default having been made in its payment it was foreclosed by action. At the sale made under the judgment in said action the lands were…
2Cases cited11 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Stow v. TifftNew York Supreme Court · 1818
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
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3Cited by7 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Baecht v. HevesyAppellate Division of the Supreme Court of the State of New York · 1906
- Timmermann v. CohnNew York Supreme Court · 1911
- Hopkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1910
- In re City of New YorkNew York Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.