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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 105
Uten tilgangsbegrensning - 1905
action affirmed agreed agreement alleged allowed amount answer appeal applied assignment authority Bank bonds brought cause charge claim clerk Company complaint concurred condition consideration contract corporation costs court creditors deceased decision defendant defendant's denied determined directed dismissed dollars effect entered entitled establish evidence executed executors fact favor follows further given granted ground held income intent interest issue judge judgment jury justice liability MARCH TERM Matter ment mortgage motion necessary opinion original paid parties payment person plaintiff possession premises present proof purchase question Railroad reason received recover referred relator rendered Respondent reversed rule SECOND DEPARTMENT Special street sufficient Supreme Court taken testimony thereof tion town transfer trial trustee verdict wife witness York
Side 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.
Side 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.
Side 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.
Side 226 - ... by deed, grant, bargain, sale, or gift, made in contemplation of death, or made or intended to take effect in possession or enjoyment...
Side 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...
Side 552 - S 66, requires the complaint to contain a plain and concise statement of the facts constituting the plaintiff's cause of action; and...
Side 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.
Side 254 - The cause was tried by a jury, and a verdict rendered in favor of the plaintiff for the sum of $1,400.
Side 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...
Side 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.