Reports of Cases Decided in the Court of Appeals of the State of New York, Jilid 28New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb Lawyers Co-operative Publishing Company, 1865 |
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action adverse possession affirmed agreement alleged amount appeal applied Argument for Appellant Argument for Respondent assignment attorney authority BALCOM Bank Barb bill of lading bond and mortgage charge claim commissioners complaint contract Cooke costs court of equity creditors damages debt deed defendant defendant's counsel entitled equity evidence execution executors facts farm favor fraud George Cooke held highway Horace French Hugh Munro indorser interest issued Jones judge judgment jury land liable lien Maass ment mortgagor N. Y. Rep nonsuit notice objection Opinion of DENIO owner paid parties payment person plaintiff possession premises proved purchase question rail road received record recover referee rendered reversed Robert Waugh ROSEKRANS rule SELDEN sheriff Statement statute Striker Supreme Court testator thereof tiff tion trial trustee usury valid verdict void W. H. Lewis Walber Wend witness York
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Halaman 16 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for, or by reason of the part which he or they may have taken in the present war; and that no person shall, on that account, suffer any future loss or damage, either in his person, liberty or\ property...
Halaman 466 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Halaman 25 - For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases : 1. Where it has been usually cultivated or improved.
Halaman 23 - By the 9th article of the treaty, " it is agreed, that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his majesty, shall...
Halaman 34 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates...
Halaman 35 - American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto, be regarded as aliens.
Halaman 188 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Halaman 71 - In the construction of a pleading, for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Halaman 43 - ... judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such" premises, under such claim, for twenty years, — the premises so included shall be deemed to have been held adversely...
Halaman 188 - ... by the judgment, be made chargeable only upon the estate, fund, or party represented, unless the court shall direct the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in the action or defense.