Legal Opinion

Savage v. Allen

New York Supreme Court

Decided April 4, 1871PublishedCited by 3 opinions

THIS is an appeal from a judgment rendered for the plaintiff, in an action brought by him against the defendant, to restrain an action of ejectment, brought by the defendant, in the superior court of New York, against the plaintiff, and'to compel the defendant to execute and deliver to the plaintiff a deed confirming the title of the plaintiff to the premises in dispute, under the defendant’s former conveyance thereof to the plaintiff’s grantor, Mary Child.

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THIS is an appeal from a judgment rendered for the plaintiff, in an action brought by him against the defendant, to restrain an action of ejectment, brought by the defendant, in the superior court of New York, against the plaintiff, and'to compel the defendant to execute and deliver to the plaintiff a deed confirming the title of the plaintiff to the premises in dispute, under the defendant’s former conveyance thereof to the plaintiff’s grantor, Mary Child. The action was referred to a referee to hear and determine, who found and reported, as matters of fact: That in the year 1847, the…

1Opinion of the Court

By the Court, Ingraham, P. J.

The motion to dismiss the complaint should have been granted.

The complaint alleges that Henry L. Parsons, as guardian of the defendant in this action, had commenced an action in the superior court against this plaintiff and his tenant, to recover possession of the lot referred to in the pleadings, in- this action, and that the said action is still pending. St also appeared on the trial that in such action,. as in this/ the defendant having become of full age, had rendered/the appearance of a guardian unnecessary, and the actions are continued as to her alone.…

2Cases cited1 opinion

  1. Schell v. Erie RailroadNew York Supreme Court · 1868

3Cited by3 opinions

  1. Colson v. PelgramNew York Court of Appeals · 1932
  2. McHenry's PetitionNew York Supreme Court · 1878
  3. St. Stephen Church CasesNew York Court of Common Pleas · 1890

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