Pearce v. . Moore
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, made April 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and which affirmed an order denying a motion for a new trial. The nature of the action and the facts are stifficiently stated in the opinion. Plaintiffs had no title, while defendant had title, and, therefore, the direction of the verdict in plaintiffs’ favor was error.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, made April 20, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and which affirmed an order denying a motion for a new trial. The nature of the action and the facts are stifficiently stated in the opinion. Plaintiffs had no title, while defendant had title, and, therefore, the direction of the verdict in plaintiffs’ favor was error. (Becker v. Holdridge, 47 How. Pr. 429, 430; Hand v. Ballou, 12 N. Y. 541, 551; Chamberlain v. Taylor, 26 Hun, 601.) As…
1Opinion of the CourtBrown, J.
This action was brought to compel the determination of a claim made by the defendant to real estate'in the .city of Buffalo which was adverse to the title of the plaintiff.
The complaint contains appropriate allegations to bring the ..case within the provisions of the Code of Civil Procedure on this subject. It alleged seizen in the plaintiff and actual pos•session of the property in question for upwards of three years next previous to the commencement of the action. (Code, §§ 1638, 1639.) The answer denied the plaintiffs’ title and possession, and alleged title in the defendant. There is no…
2Cases cited1 opinion
- Chamberlain v. . TaylorNew York Court of Appeals · 1883
3Cited by7 opinions
- Dever v. . HagertyNew York Court of Appeals · 1902
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
- Sanders v. RiedingerAppellate Division of the Supreme Court of the State of New York · 1898
- McAuliff v. HughesAppellate Division of the Supreme Court of the State of New York · 1908
- Second National Bank of Cooperstown v. CalvertNew York Supreme Court · 1934
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