Dodge v. . Gallatin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made April 9, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Under the law as it existed in 1801, when ¥m.
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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 April 9, 1889, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Under the law as it existed in 1801, when ¥m. Rhinelander, Jr., published his will, land acquired subsequently to the date of the publication of a will did not pass thereby, but vested in the heir at law. (Lynes v. Townsend, 33 N. Y. 561; Jackson v. Holloway, 7 Johns. 81; Jackson v.…
1Opinion of the CourtHaight, J.
This action is brought in ejectment to recover the possession of two lots of land known as numbers 229 and 230 West street, between Beach and Horth Moore streets, in the city of Hew York.
The plaintiffs claimed the same as the heirs at law of William Rhinelander, Jr. The defendant Gallatin claims title through his last will and testament, and that she and her immediate grantors have held adversely for upwards of twenty years. The other defendants are merely tenants of Mrs. Gallatin.
It appears that William Rhinelander, the first, died in the year 1777; that he left surviving him three sons and…
2Cases cited5 opinions
- Hewlett v. D. & S. CockNew York Supreme Court · 1831
- Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
- Lynes v. . TownsendNew York Court of Appeals · 1865
- Malin v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1828
- Seders v. SternberghNew York Court of Appeals · 1869
3Cited by8 opinions
- Hamershlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Accounting of BarnettAppellate Division of the Supreme Court of the State of New York · 1957
- Cogan v. Conover Manufacturing Co.New Jersey Court of Chancery · 1905
- Cobb v. County of MonroeNew York Supreme Court · 1957
- Hamerschlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1901
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