Brown v. . Volkening
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of defendant Yolkening, entered upon a decision of the court. This action was brought for the foreclosure of a mortgage given by Decker to.plaintiff upon a house and lot in the city of Hew York.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of defendant Yolkening, entered upon a decision of the court. This action was brought for the foreclosure of a mortgage given by Decker to.plaintiff upon a house and lot in the city of Hew York. The answer of defendant Yolkening, who alone defended, alleged, among other things, that at the time plaintiff’s mortgage was executed he was the equitable owner of the premises, and that before the commencement of this action the same were conveyed to him by Decker.…
1Opinion of the CourtAllen, J.
The findings of fact by the learned, judge by whom the action was tried are equivocal. Bead as a whole, they only imply of necessity a constructive possession of the premises, a mere power over them by the respondent. They come far short of showing an actual use and occupation by him. The delivery of the possession to him by Decker was symbolical, by a surrender cf the keys of the house, and the actual and exclusive possession, and the expenditure of moneys in making alterations and improvements in the house as stated in the findings, must be regarded in the connection in which the statements…
2Cases cited7 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Grimstone v. CarterNew York Court of Chancery · 1831
- Cook v. . TravisNew York Court of Appeals · 1859
- Governeur v. LynchNew York Court of Chancery · 1830
- Fassett v. . SmithNew York Court of Appeals · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- McDonald v. DabneySupreme Court of Georgia · 1926
- Betts v. LetcherSouth Dakota Supreme Court · 1890
- Feinberg v. StearnsSupreme Court of Florida · 1908
- Pope v. . AllenNew York Court of Appeals · 1882
84 more not listed; retrieve them via the Exa API.