Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 38 |
Contents
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Common terms and phrases
adverse possession affidavit agreement alleged amended amount appeal appellant assignment attorney authority Bank bill Bloomingdale bonds BRUNT cause of action charge Civil Procedure claim clerk complaint concurred contract conveyance corporation costs and disbursements coupon bonds Court in favor coverture creditors deceased deed defendant defendant's demurrer denied DIV.-VOL dollars costs entered entitled evidence executed executors fact FEBRUARY TERM granted guardian ad litem held Impleaded income INGRAHAM interest issue Judgment affirmed Judgment and order jurisdiction jury Kings County liability MARCH TERM ment mortgage motion order affirmed paid parties payment person plaintiff possession premises proof provision purchase question Railroad reason received recover referred respondent reversed rule RUMSEY SECOND DEPARTMENT statute Supreme Court testator testimony therein thereof Third Avenue Railroad tion transfer trial trustee verdict wife witness XXXVIII York Special Term
Popular passages
Page 536 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving their rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 170 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
Page 255 - The legislature may hereafter enlarge or restrict the jurisdiction of the County Courts, provided, however, that their jurisdiction shall not be so extended as to authorize an action therein for the recovery of money only, in which the sum demanded exceeds two thousand dollars, or in which any person not a resident of the county is a defendant.
Page 226 - ... by deed, grant, bargain, sale, or gift, made in contemplation of death, or made or intended to take effect in possession or enjoyment...
Page 164 - ... the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in-question, within twenty years before the commencement of the action. § 366. A defence or counterclaim, founded upon the title to real property, or to rents or services out of the same...
Page 552 - S 66, requires the complaint to contain a plain and concise statement of the facts constituting the plaintiff's cause of action; and...
Page 551 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 254 - The cause was tried by a jury, and a verdict rendered in favor of the plaintiff for the sum of $1,400.
Page 170 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law; and the occupation of the...
Page 667 - An action to recover real property, or the possession thereof, cannot be maintained by a party, other than the people, unless the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question, within twenty years before the commencement of the action.