Pure Strains Farm Co. v. Smith
New York Supreme Court
Motion by plaintiff at Monroe Trial Term, February 5, 1917, to strike the case from the jury, calendar on the ground that it is an equitable cause of action.
1Opinion of the CourtRodenbeck, J.
1. An action affecting the title to real property may be in the nature of an ejectment (Code Civ. Pro. § 1496 et seq.) or in the nature of an action to determine a claim to real property (Id. § 1638 et seq.) or equitable in character not coming within either of the foregoing statutory provisions. In order to bring the action, however, within equitable jurisdiction it is necessary for the plaintiff to show that his remedy is neither for ejectment nor to determine a claim to real property under either set of the provisions above referred to. This means that the plaintiff must show that he has…
2Cases cited7 opinions
- Lewis v. . HoweNew York Court of Appeals · 1903
- Moores v. . TownshendNew York Court of Appeals · 1886
- Whitman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- King v. RossAppellate Division of the Supreme Court of the State of New York · 1898
- Clason v. StewartNew York Supreme Court · 1898
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3Cited by4 opinions
- Lewis v. RodriguezNew York Supreme Court · 1992
- Avenue Associates, Inc. v. BuxbaumCivil Court of the City of New York · 1975
- Smith v. BrotschNew York Supreme Court · 1917
- Tyler v. JahnNew York Supreme Court · 1919