Smith v. . Scholtz
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Uew York, affirming a judgment in favor of plaintiff entered upon the report of a referee. This was an action of ejectment, brought to recover possession of certain lots in the city of Hew York, formerly part of what was known as “ the Hopper farm.”
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Uew York, affirming a judgment in favor of plaintiff entered upon the report of a referee. This was an action of ejectment, brought to recover possession of certain lots in the city of Hew York, formerly part of what was known as “ the Hopper farm.” Both parties claim under the will of John Hopper, who died seized of this farm, leaving a will in and by which his real estate was disposed of as follows: “ Secondly. — I give, devise and bequeath unto my three grandchildren namely, Garret Hopper…
1Opinion of the CourtRapallo, J.
On the argument of this appeal various objections were urged against the validity of the proceedings for the sale, by the general assignee in bankruptcy, of the real estate in controversy. The difficulty which we encounter m limine in considering these objections is, that the case is not made up in such a manner as to present the points for review in this court. The cause of this difficulty was explained on the argument, it being then stated that the party mainly in interest, and in whose behalf the present appeal is being prosecuted, had no notice of the action until after judgment had been…
2Cases cited6 opinions
- Taggart v. . MurrayNew York Court of Appeals · 1873
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Stevens v. . HauserNew York Court of Appeals · 1868
- Bundy v. . BundyNew York Court of Appeals · 1868
- Striker v. . MottNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- L'Etourneau v. HenquenetMichigan Supreme Court · 1891
- Brown v. . WadsworthNew York Court of Appeals · 1901
- Barker v. SoutherlandNew York Surrogate's Court · 1886
4 more not listed; retrieve them via the Exa API.