Legal Opinion

McCarthy v. Hiller

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Appeal by the defendant, George Hiller, from a judgment of 'the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of the county of- Kings, on the 11th day of July, 1897, affirming the judgment of a justice of the peace, and also from an order entered in said clerk’s office on the 10th day of July, 1897, affirming the judgment of said justice .of the peace.

1Opinion of the Court

Woodward, J.:

In the year 1895 the plaintiff in this action was the reputed owner of a house and lot on Fulton street, in the city of Brooklyn, and the defendant claimed to own a house and lot at FTo. 141 Osborne street, in the same city. Both of these pieces of property were admitted to. be incumbered, but taking values into consideration they were about equal, and an exchange was effected, the plaintiff delivering a warranty deed, with full covenants, the defendant doing likewise, and both parties entered into possession. Afterward the plaintiff discovered that there were certain liens upon…

2Cases cited6 opinions

  1. Hopkins v. LeeSupreme Court of the United States · 1821
  2. Embury v. . ConnerNew York Court of Appeals · 1850
  3. Pray v. . HegemanNew York Court of Appeals · 1885
  4. Clemens v. . ClemensNew York Court of Appeals · 1867
  5. Griffin v. . Long Island R.R. Co.New York Court of Appeals · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hendrick v. . BiggarNew York Court of Appeals · 1913
  2. Bracken v. Atlantic Trust Co.New York Supreme Court · 1898
  3. Frisbee v. Tufts, New York County Courts1911

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