Johnson v. Putnam Foundry & Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Beda Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 12th day of November, 1913, dismissing the complaint upon the decision of the court, a jury having’ been waived.
1Opinion of the Court
Burr, J.:
Plaintiff appeals from a judgment dismissing her complaint upon the merits in an action brought under the provisions of section 1638 of the Code of Civil Procedure for the determina*101tion of defendant’s adverse claim to certain real property situated in the city of Mount Vernon. The case was tried before the court without a jury.
The contentions of the respective parties arise from the following undisputed facts: On September 5, 1899, Albert W. Mott was the owner in fee of the premises in question and, on that day, executed a mortgage thereon to one William M. Denman, in which his wife…
2Cases cited11 opinions
- Howell v. . LeavittNew York Court of Appeals · 1884
- Goebel v. . IfflaNew York Court of Appeals · 1888
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Drury v. ClarkNew York Supreme Court · 1857
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by1 opinion
- Department of Housing Preservation & Development of the City of New York v. FerrantiAppellate Division of the Supreme Court of the State of New York · 1995