Zimmerman v. Schœnfeldt
New York Supreme Court
APPEAL by defendant from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The action was brought by Anna Mary Zimmerman, by her guardian ad litem, against John S. Schcenfeldt, to establish plaintiff’s title to certain real estate.
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APPEAL by defendant from a judgment in favor of the plaintiff, entered upon the verdict of a jury. The action was brought by Anna Mary Zimmerman, by her guardian ad litem, against John S. Schcenfeldt, to establish plaintiff’s title to certain real estate. The complaint set forth that the mother of the plaintiff was, at and previous to her death, seized of the premises in question, which were of the value of $8,000; that said mother departed this life June 25, 1864, leaving the plaintiff her sole surviving daughter and sole heir at law, who thereupon became the owner in fee-simple of the…
1Opinion of the CourtBrady, J.
It may be said that the complaint in this action was in the language of its prayer one in ejectment. It was tried as an equity cause; as one brought to remove a cloud from the plaintiff’s title. One question only was submitted to the jury. There • was apparently no dispute about the other facts on which the plaintiff relied. It is also apparent that no valid objection, if any, was taken to the course adopted by the presiding judge. The plaintiff claimed the fee .of the premises mentioned as the heir at law of her mother, Anna M. Zimmerman, who died while under the age of twenty-one years. The…
2Cases cited9 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Phelps v. . WaitNew York Court of Appeals · 1864
- Fisher v. . HallNew York Court of Appeals · 1869
- Cole v. . JessupNew York Court of Appeals · 1854
- Ransom v. . NicholsNew York Court of Appeals · 1860
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