Smith v. Long
New York Court of Appeals
Appeal from a judgment of the general term of the court of common pleas, for the city .and county of New York, affirming a judgment in favor of the plaintiff, entered upon the report of a referee [Reported below, 9 Dalyy 429J. The action was brought by James M. Smith, as grantor for the benefit of William H. Adams, against John Long, and others, to recover a lot of land, conveyed by Jordan Mott, to Job Long, in the year 1865. Jordan Mott, the grantor, derived title to said…
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Appeal from a judgment of the general term of the court of common pleas, for the city .and county of New York, affirming a judgment in favor of the plaintiff, entered upon the report of a referee [Reported below, 9 Dalyy 429J. The action was brought by James M. Smith, as grantor for the benefit of William H. Adams, against John Long, and others, to recover a lot of land, conveyed by Jordan Mott, to Job Long, in the year 1865. Jordan Mott, the grantor, derived title to said lot as follows ; John Hopper, his great grandfather, died in 1819, leaving a will, by which he devised a large tract of…
1Opinion of the CourtTracy, J.
The plaintiff’s right to recover in this action is resisted upon the ground,—First, that if he has any title whatever to the premises in question, it is to an undivided twelfth interest thereof, and not to the entire lot; and, having claimed the whole of the premises, cannot have judgment for an undivided part *118without amending his complaint. Second, that the section of the Code which permits a grantee of land to maintain an action in the name of a grantor, where the grant or grants are void by reason of the actual possession of the person claiming under a title adverse to that of the grantor,…
2Cases cited8 opinions
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Sands v. . HughesNew York Court of Appeals · 1873
- Stevens v. . HauserNew York Court of Appeals · 1868
- Holmes v. SeelyNew York Supreme Court · 1837
- Webster v. Van SteenberghNew York Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Farmers' L. & T. Co. v. EnoU.S. Circuit Court for the District of Southern New York · 1888
- Farmers' Loan & Trust Co. v. EnoUnited States Circuit Court · 1888
- Gignoux v. StaffordNew York Supreme Court · 1886
- Palmer v. MorrisonNew York Court of Appeals · 1877
2 more not listed; retrieve them via the Exa API.