Tietjen v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,.Hermann Tietjen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 3d day *of August, 1906, upon the decision of the court rendered after a trial at the Kings County Special Term' dismissing the complaint upon the merits and directing the return of certain moneys to the defendant.
1Opinion of the Court
Jenks, J.:
The controlling fact found for the defendant which led to the judgment is that plaintiff did not have title to that part of the land lying in Monticello and Green streets, and, therefore, could not convey it under his agreement with the defendant. The sole question for review is whether the mortgage on which plaintiff’s title is founded covered that part. In 1843 Ewer, the mortgagor, filed a map of a tract which included the lands covered by the agreement, cutting the tract into lotS( and laying out streets which included Monticello and Green streets. Monticello and Green streets…
2Cases cited12 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- Deering v. . ReillyNew York Court of Appeals · 1901
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3Cited by5 opinions
- Gottfried v. StateNew York Court of Claims · 1960
- Snyder v. County of MonroeNew York Supreme Court · 1956
- Duggan v. HylandAppellate Division of the Supreme Court of the State of New York · 1975
- In re City of New YorkNew York Supreme Court · 1934
- De Baun v. PardeeNew York Supreme Court · 1913