Reports of Cases Heard And Determined in the Appellate Division ..., volume 92

Cover Reports of Cases Heard And Determined in the Appellate Division ..., volume 92
Reports of Cases Heard And Determined in the Appellate Division ..., volume 92
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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Digitized by Google LEARY V. CORVIN. 545 App. DiT.] Fntar Drpabticbnt» Mabch, 1904.
Appeal by the defendants, Lizzie J. Corvin and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of June, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging the plaintiff to be the absolute owner of certain premises in the city of New York.
David McGlurej for the a
...ppellant Corvin.
Miehad J. Scamlam,^ for the appellant church.
J. Aspinwall Hodge^ for the respondent.
Judgment affirmed, with costs on the opinion of the court below (O'Bbibn, J., dissenting).
The following is the opinion of Gbbenbaum, J., delivered at Special Term : Gbeenbaum, J. : This action is brought to establish the title in fee absolute in the plaintiff to certain real property situate in the city of New York, sub- ject only to an existing mortgage of $6,000, to compel defendant Cor- vin to render an account of rents collected, and to recover a judg- ment against the defendant the Church of St.


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