Terrett v. . Brooklyn Improvement Co.
New York Court of Appeals
Appeal from. the judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14,1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial/ This was an action of ejectment to recover possession of certain lands situate in the city of Brooklyn. The material facts are stated in the opinion.
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Appeal from. the judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14,1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial/ This was an action of ejectment to recover possession of certain lands situate in the city of Brooklyn. The material facts are stated in the opinion. The agreement and conveyance of the 19th of July, 1855, did not operate as a payment of Cooke’s judgments, because Cowenhoven wholly failed to remove the incumbrances on…
1Opinion of the CourtMiller, J.
The plaintiff and defendants both claim title from the same common source, one Tunis T. Cowenhoven, a former owner of the premises in controversy. The plaintiffs title is derived from a sale of the sheriff under an execution issued upon a judgment by confession in favor of Gilbert E. Terrett, which was docketed upon the 12th day of July, 1853, and the sale made on the 10th day of August, 1856. The defendants claim by virtue of a sheriff’s sale under an execution issued upon prior judgments in favor of one Purcell Cooke, one of which judgments was docketed on the 21st day of February, 1853,…
2Cases cited1 opinion
- Northrup v. NorthrupNew York Supreme Court · 1826
3Cited by1 opinion
- Kranke v. American Fabrics Co.Supreme Court of Connecticut · 1930