Danihee v. . Hyatt
New York Court of Appeals
Appeal from a judgment of the G-eneral Term of the Supreme Court in the fifth, judicial department, entered October 24,1894, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Honora Hyatt never had any title to or right of possession of the land in dispute.
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Appeal from a judgment of the G-eneral Term of the Supreme Court in the fifth, judicial department, entered October 24,1894, which affirmed a judgment in favor of defendant entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Honora Hyatt never had any title to or right of possession of the land in dispute. (Martin v. Rector, 101 N. Y. 77.) The action is brought to recover the possession of land from the defendant who was actually on the land, and who was actually by physical force withholding the…
1Opinion of the CourtMartin, J.
This action was ejectment to recover the possession of a triangular piece of land lying between premises occupied by the plaintiff and premises in which the defendant’s wife has a leasehold interest. On the trial the plaintiff’s complaint was dismissed upon the merits, with costs. At' the commencement of the action the plaintiff was the owner of a leasehold interest in the premises described in the complaint, which included the land in dispute.
Honora Hyatt is, and for the past twenty years has been, the wife of the defendant. " On July 12tli, 1882, she became the owner of such leasehold…
2Cases cited5 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Shaver v. M'GrawNew York Supreme Court · 1834
- Martin v. . RectorNew York Court of Appeals · 1886
- Bristor v. . BurrNew York Court of Appeals · 1890
- Comstock v. DodgeNew York Court of Appeals · 1869
3Cited by4 opinions
- Hoff v. Royal Metal Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1907
- De Garmo v. PraterTennessee Supreme Court · 1911
- Newman v. O'RourkeAppellate Terms of the Supreme Court of New York · 1914
- Ward v. TerryNew York Supreme Court · 1901