Meehan v. Dobson

[1] Where, as here, the defendants’ right to possession of the premises in question is based upon a tax lease executed by the city of New York, a recovery by the plaintiffs must rest upon the strength of their own title, and not upon the weakness of that of the defendants. Deering v. Reilly, 167 N. Y. 184, 190, 60 N. E. 447. To my mind there are two serious defects in the proofs submitted in behalf of the plaintiffs: First assuming that John T. McGowan died intestate, seised of the fee, the property would descend “to the brothers and sisters both of the father and mother of the intestate and…