Legal Opinion

Dyett v. Central Trust Co.

New York Court of Appeals

Decided November 28, 1893PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the August term, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action brought by plaintiff in 1888, as one of the heirs at law of Jessie Ann Dyett, to recover possession of one undivided twenty-fourth part of the premises 194 Broadway, in the city of Hew York.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made at the August term, 1892, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. This was an action brought by plaintiff in 1888, as one of the heirs at law of Jessie Ann Dyett, to recover possession of one undivided twenty-fourth part of the premises 194 Broadway, in the city of Hew York. Jessie Ann Hunt intermarried with Joshua Dyett- prior to September 19, 1821; she was then about twenty years of age. Marriage…

1Opinion of the Court

Andrews, Ch. J.

The records of the courts of the state disclose that litigations growing out of the marriage settlement of September, 1821, commenced a few years after its execution and continued until the sale of the property to Wiley, in 1849. He purchased the Broadway lot in that year for $39,500, which concededly was the full value of the fee; and from that time until the commencement of this suit in 1888, a period of nearly forty years, Wiley and his grantees have remained in undisturbed possession of the property, claiming absolute title.

This action is brought by one of the children of…

2Cases cited4 opinions

  1. Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
  2. North American Coal Co. v. DyettNew York Court of Chancery · 1837
  3. Vanderheyden v. Mallory & HunterNew York Court of Appeals · 1848
  4. Warner v. HoffmanNew York Court of Chancery · 1846

3Cited by5 opinions

  1. Rothschild v. DickinsonMichigan Supreme Court · 1912
  2. Jew Ho v. WilliamsonU.S. Circuit Court for the District of Northern California · 1900
  3. Ransom v. RansomNew York Supreme Court · 1910
  4. In re the Accounting of KnauthNew York Court of Appeals · 1963
  5. Rua v. WatsonSouth Dakota Supreme Court · 1900

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