Gilman v. . Gilman
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 31, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdic and affirmed an order denying a motion for a new trial. This was an action of ejectment.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 31, 1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdic and affirmed an order denying a motion for a new trial. This was an action of ejectment. The plaintiffs stated in their complaint that, on the 8th day of February, 1865, they were possessed of two undivided third parts of the mansion-house and lot of Nathaniel Gihnan, deceased, known as 171 Clinton street, in the city of Brooklyn, having the right to use and occupy the same for…
1Opinion of the CourtDanforth, J.
We think the appeal should prevail. The
evidence in the case and that offered by the defendant was sufficient to show that the original parties to this action were tenants in common of the premises in question. The plaintiffs failed to prove that they had been actually ousted by the defendant, or that there had been, either by word or act on his part, a total denial of their right as such co-tenants. In the absence of such proof they were not entitled to recover. Upon .that point the statute is peremptory. (Sigler v. Van Riper, 10 Wend. 419 ; 2 R. S. part 3, chap. 5, p. 306, § 27 ; Code Civ.…
2Cases cited1 opinion
- Siglar v. Van RiperNew York Supreme Court · 1833
3Cited by9 opinions
- Finnegan v. HumesAppellate Division of the Supreme Court of the State of New York · 1937
- Miller v. United StatesCourt of Appeals for the D.C. Circuit · 1913
- Kassover v. Gordon Family Associates, Inc.Civil Court of the City of New York · 1983
- Adams v. . LawsonNew York Court of Appeals · 1907
- Dixey v. DixeyAppellate Division of the Supreme Court of the State of New York · 1921
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