Deering v. . Reilly
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1899, sustaining plaintiff's exceptions ordered to be heard in the first instance by the Appellate Division and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 23, 1899, sustaining plaintiff's exceptions ordered to be heard in the first instance by the Appellate Division and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the complaint in this action the plaintiff cannot recover, and his pleading does not set forth 'a proper cause of action in ejectment, which would entitle him to a judgment for the possession of the propérty, nor does the proof show him entitled to…
1Opinion of the CourtGray, J.
This is an action in ejectment, wherein the plaintiff, alleging briefly in his complaint that he is lawfully entitled to, and seized of, one undivided third interest in a piece of land in the city of Rew York, particularly therein described, between Manhattan street on the north and 127th street on the south, and formerly forming the easterly half of the Bloomingdale road, of which the defendants are in possession, demands a judgment establishing his title and his right to the possession of the same, with damages for the withholding thereof. The defendants answered by a general denial and…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Stevens v. . HauserNew York Court of Appeals · 1868
- Hasbrouck v. . BunceNew York Court of Appeals · 1875
3Cited by31 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Matter of City of New YorkNew York Court of Appeals · 1913
- Mott v. . EnoNew York Court of Appeals · 1905
- City of Albany v. StateNew York Court of Appeals · 1971
- Potter v. BoyceAppellate Division of the Supreme Court of the State of New York · 1902
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