Arents v. . Long Island R.R. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 5, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The deed to plaintiff, so far as it included the railroad strip, was void under the Champerty Act.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered August 5, 1895, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The deed to plaintiff, so far as it included the railroad strip, was void under the Champerty Act. (1 E. S. 739, § 147; 3 Birdseye’s Statutes [2d ed.], 2643, § 225; Sands v. Hughes, 53 N. Y. 287; Towle v. Remsen, 70 N. Y. 303, 316; Abrams v. Rhoner, 44 Hun, 507, 510; La Frombois v. Jackson, 8 Cow. 589;…
1Opinion of the CourtHaight, J.
This action was in ejectment to recover a strip of land sixty-six feet wide, occupied by the defendant for its roadbed through a place called Hogshead, in the town of Hempstead, county of Queens. The defendant, by its answer, admitted that it was in possession of the land in question, but denied that the plaintiff was the owner, and alleged that the same was owned by the defendant; that the Statute of Limitations had run against the plaintiff’s claim ; that it had held adversely for more than twenty years, and that the deed under which he claimed was void for champerty. The referee found with…
2Cases cited6 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Dawley v. . BrownNew York Court of Appeals · 1880
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Laverty v. . MooreNew York Court of Appeals · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. . LadewNew York Court of Appeals · 1924
- Schaffer v. KrestovnikowSupreme Court of New Jersey · 1918
- Biglow v. BiglowAppellate Division of the Supreme Court of the State of New York · 1899
- Deering v. RileyAppellate Division of the Supreme Court of the State of New York · 1899
- Green v. . HornNew York Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.