St. William's Church v. People

Opinion in the trial court:

Brewster, J.

In this action to compel a determination of defendant’s claim to the real estate described in the complaint, plaintiff established a prima facie case by its proofs of the statutory requisite of a possession thereof, a title thereto, and of the existence of defendant’s claim of title thereto which, unless good, is unjust.’ (Vanderveer Crossings v. Rapalje, 133 App. Div. 203, 205; Ford v. Belmont et al., 69 N. Y. 567, 570.) Defendant, in addition to its denial of the essential allegations of the complaint, took the affirmative, pleaded title and sued for…