Moores v. . Townshend
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1884, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. - The nature of the action and the material facts are stated in the opinion. Plaintiff having tried his case as “ an equity cause,” and nothing else, is estopped from claiming that it was any thing else.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1884, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. - The nature of the action and the material facts are stated in the opinion. Plaintiff having tried his case as “ an equity cause,” and nothing else, is estopped from claiming that it was any thing else. (Powell v. Waldron, 89 N. Y. 328, 333; Heywood v. Buffalo, 14 id. 534, 540; Rome Bank v. Eames, 1 Keyes, 588, 592; Main v.…
1Opinion of the Court
Roger, Ch. J.
The relief asked for in this action, and granted, by the judgment appealed from, required the defendant to deliver up for cancellation, as a cloud upon the title, the conveyance under which he occupied the premises in dispute, and that the clerk of arrears cancel the conveyance, and also all records and entries, relating to the same, in his office. This relief was purely equitable in character and needed for its support the proof of some facts giving the court jurisdiction of such a cause of action. (Heywood v. Buffalo, 14 N. Y. 534, 540; Bockes v. Lansing, 74 id. 437.)
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2Cases cited6 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Lattin v. . McCartyNew York Court of Appeals · 1869
- Bockes v. . LansingNew York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Lewis v. . HoweNew York Court of Appeals · 1903
- Trustees of the Freeholders & Commonalty v. BowmanNew York Court of Appeals · 1893
- Coleman v. JaggersIdaho Supreme Court · 1906
- Eberstein v. WilletsIllinois Supreme Court · 1890
15 more not listed; retrieve them via the Exa API.