Van Voorhis v. Kelly
New York Supreme Court
It appears that on June 8,1836, Cornelius W. Van Voorhis, the plaintiff, was seized and possessed in fee of two certain lots of land in the city of New York, on the east side of Fifth avenue, commencing twenty-five feet two inches south of Ninetieth street, and being each twenty-five feet two inches wide, front and rear, and 102 feet two inches in depth.
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It appears that on June 8,1836, Cornelius W. Van Voorhis, the plaintiff, was seized and possessed in fee of two certain lots of land in the city of New York, on the east side of Fifth avenue, commencing twenty-five feet two inches south of Ninetieth street, and being each twenty-five feet two inches wide, front and rear, and 102 feet two inches in depth. On April 1, 1851, Ellis S. Mills, as executrix, recovered a judgment, in the marine court of the city of New York, against Van Voorhis, for fifty-seven dollars and forty-three cents, a transcript of which was filed in the office of the clerk…
1Opinion of the CourtLarremore, J.
As to plaintiff’s right to maintain this action, I must follow the decision of the learned justice who overruled the demurrer interposed to the complaint, and hold that the suit is well brought in the name of Van Voorhis (Hamilton agt. Wright, 37 N. Y., 502; Lowber agt. Kelly, 9 Bosw., 494).
The only equitable relief that the plaintiff can ask on this trial is the setting aside of the proceedings and sale under the Mills judgment. The ultimate recovery of the land in dispute must be had under the rules and practice governing an action of ejectment, and upon that issue the defendants are…
2Cases cited5 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Wallace v. . SwintonNew York Court of Appeals · 1876
- Field v. PauldingNew York Court of Common Pleas · 1856
- Lowber v. KellyThe Superior Court of New York City · 1862
3Cited by1 opinion
- Palmer v. JonesNew York Supreme Court · 1893