Pfeffer v. Kling
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Philip Kling and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of June, 1900, upon the verdict of a jury rendered by direction of the court, for the possession of premises and damages for withholding the same against the defendants Kling and Husted. The action is in ejectment.
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Appeal by the defendants, Philip Kling and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of June, 1900, upon the verdict of a jury rendered by direction of the court, for the possession of premises and damages for withholding the same against the defendants Kling and Husted. The action is in ejectment. The complaint alleges that the defendant Kling claims title to the property, which is located at '■206 Forsyth street, and that the defendant Husted, as receiver, had collected $700 in rents.…
1Opinion of the Court
O’Brien, J.:
The defendants made out no title or claim- to the premises which was superior to or affected the plaintiff’s legal title or right to possession. The plaintiff’s rights were obtained under the judgment in the suit of People v. Weisel and the sale thereunder by the sheriff, who upon such sale issued his certificate, which was subsequently transferred to the plaintiff, and the plaintiff thereafter obtained the deed' from the sheriff. After such sale all that remained in Mrs. Weisel was an equity of redemption, and to this undoubtedly the defendants succeeded under the sale by the…
2Cases cited10 opinions
- Shipman v. . RollinsNew York Court of Appeals · 1885
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- In Re the Voluntary Dissolution of the Home Provident Safety Fund Ass'nNew York Court of Appeals · 1891
- Truax v. . SlaterNew York Court of Appeals · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Reardon v. YoungquistAppellate Court of Illinois · 1914
- PSL Realty Co. v. Granite Investment Co.Appellate Court of Illinois · 1979
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901
- Dold v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1946
- Chicago Title & Trust Co. v. Barnett Vincennes Hotel Corp.Appellate Court of Illinois · 1939
1 more not listed; retrieve them via the Exa API.