Roberts v. Baumgarten
The Superior Court of New York City
Appeal by defendants from judgment entered against them, on findings and conclusions by a judge trying the action without a jury, by consent. The action was in ejectment. The facts sufficiently appear in the opinion. on the question considered by the court, argued :—I. To make out his case the plaintiff was compelled to prove title in himself and in those through whom his claim of title was derived (Lamont v. Cheshire, 65 N. Y. 30; Wallace v. Swinton, 64 Ib. 188). II.
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Appeal by defendants from judgment entered against them, on findings and conclusions by a judge trying the action without a jury, by consent. The action was in ejectment. The facts sufficiently appear in the opinion. on the question considered by the court, argued :—I. To make out his case the plaintiff was compelled to prove title in himself and in those through whom his claim of title was derived (Lamont v. Cheshire, 65 N. Y. 30; Wallace v. Swinton, 64 Ib. 188). II. The special term erred in finding that the premises described in the complaint were conveyed by the deed from' Benjamin Benson…
1Opinion of the Court
By the Court.
Sedgwick, Ch. J.
The judgment appealed from has awarded to the plaintiff possession of a number of lots on the south side of 107th street, commencing at a point 135 feet easterly from the Third avenue and running easterly 200 feet on that street, and then running 400 feet back to the centre of the block. Formerly, the bank of a creek ran from about the southwesterly corner of the space now occupied by the lot, to about its north-easterly comer. The claim of title made by plaint,iff does not extend to that part, that is southerly of the fine that would be made by the bank, and it…
2Cases cited6 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- Mayor, Etc., of City of N.Y. v. . HartNew York Court of Appeals · 1884
- Wheeler v. . SpinolaNew York Court of Appeals · 1873
- Smith v. . LevinusNew York Court of Appeals · 1853
- Dominy v. MillerNew York Supreme Court · 1861
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