Moore v. . Brown
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 30, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. 'The plaintiff failed to .show title to any such interest in real estate as entitled him to •maintain ejectment.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 30, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. 'The plaintiff failed to .show title to any such interest in real estate as entitled him to •maintain ejectment. (Laws of 1890, chap. 411; Wiseman v. Inoksinger, 84 N". Y. 31; Crossdale v. Lanigan, 129 id. 604; H. S. T. F. Co. v. Grant, 114 id. 40 ; Gaboon v.…
1Opinion of the CourtGray, J.
This was an action of ejectment, brought to recover the possession of a certain mine of garnet in the town of Minerva, in the county of Essex, and the main question is whether the plaintiff had such a legal title, or such an estate in the premises, as would authorize the maintenance of such an action. At the trial his complaint was dismissed, and that was one of the grounds upon which the motion for nonsuit proceeded.
He was the grantee of the interests of Wood and Shields, who were the discoverers of the garnet deposit. They had filed and established their claim as such discoverers, and,…
2Cited by8 opinions
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- Armstrong v. Lake Champlain Granite Co.New York Court of Appeals · 1895
- Nicolai v. Mayor of BaltimoreCourt of Appeals of Maryland · 1905
- Vroom v. . TillyNew York Court of Appeals · 1906
- Buck v. ClevelandAppellate Division of the Supreme Court of the State of New York · 1911
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