Kellum v. . Corr
New York Court of Appeals
Appeal from a final judgment, entered February 26, 1912, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an interlocutory judgment entered upon the report of a referee in an action of partition. • The facts, so far as material, are stated in the opinion. The adverse possession by the appellant of substantially the entire premises described in the complaint disentitles respondent from maintaining this action.
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Appeal from a final judgment, entered February 26, 1912, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an interlocutory judgment entered upon the report of a referee in an action of partition. • The facts, so far as material, are stated in the opinion. The adverse possession by the appellant of substantially the entire premises described in the complaint disentitles respondent from maintaining this action. (Florence v. Hopkins, 46 N. Y. 182; Sullivan v. Sullivan, 66 N. Y. 37; Haskell v. Queen, 21 N. Y. Supp. 357; Dawson v.…
1Per curiam
The action is for the partition or sale of land. As between the appellant and the other parties it is in fact an action to determine title. One of the points made by the appellant, asserting ownership both by conveyance and adverse possession, is that the conflicting claims over the title cannot be tried in a suit for partition and must be disposed of in an action of ejectment according to immemorial practice supported by many cases which are cited. The practice in this regard is no longer debatable. This court is committed to the view that a person claiming as joint tenant or tenant in…
2Cases cited2 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Mission of the Immaculate Virgin v. CroninNew York Court of Appeals · 1894
3Cited by11 opinions
- Beers v. HotchkissNew York Court of Appeals · 1931
- Willis v. SterlingAppellate Division of the Supreme Court of the State of New York · 1928
- Fisher v. ListerNew York Supreme Court · 1927
- Zim v. CohenAppellate Division of the Supreme Court of the State of New York · 1927
- In re MarshNew York Supreme Court · 1934
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