Fonda v. Sage
New York Supreme Court
THIS is an action in equity, brought by the plaintiff for the purpose of removing what she claims to be a cloud on her alleged title to real estate,- at Lima, in the county of Livingston. The plaintiff claims title in fee to the premises in question, and possession under that title.
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THIS is an action in equity, brought by the plaintiff for the purpose of removing what she claims to be a cloud on her alleged title to real estate,- at Lima, in the county of Livingston. The plaintiff claims title in fee to the premises in question, and possession under that title. She then alleges that Helen T. Fonda, one of the defendants, recovered a judgment in this court on the 24th day of March, 1862, against Franklin J. Fonda, another defendant, for costs in a suit for divorce, which judgment was docketed in the clerk’s office in Livingston county, on the 11th day of April, 1862, and…
1Opinion of the Court
By the Court, Johnson, J.
It is quite immaterial whether this action is to be regarded as strictly in the nature of a bill in equity to remove a cloud upon the title to real estate, or generally in the nature of a bill quia timet, to settle the plaintiff's title to the estate, and establish it securely against all claims which may be brought against it by reason of the destroyed deed. That the defendants are now proceeding to acquire the title under the destroyed instrument, or to put themselves in a situation to assail the plaintiff’s title hereafter, and secure such title to themselves…
2Cited by16 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Towle v. . RemsenNew York Court of Appeals · 1877
- Tyler v. CateOregon Supreme Court · 1896
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Campbell v. JonesSupreme Court of Arkansas · 1889
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