De Maiorebus v. Martin

Appellate Division of the Supreme Court of New York

De Maiorebus v. Martin

65 A.D.2d 779, 410 N.Y.S.2d 538, 1978 N.Y. App. Div. LEXIS 13632

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 20, 1978

StatusPublished

This text of 65 A.D.2d 779 (De Maiorebus v. Martin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Maiorebus v. Martin, 65 A.D.2d 779, 410 N.Y.S.2d 538, 1978 N.Y. App. Div. LEXIS 13632 (N.Y. Ct. App. 1978).

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Opinion

In an action to establish plaintiffs’ title to a parcel of real property by adverse possession, defendant appeals from (1) a judgment of the Supreme Court, Putnam County, entered September 13, 1977, which, [780]*780inter alia, declared plaintiffs to be the owners of certain described premises and (2) a decision of the same court, dated July 27, 1977, upon which the judgment is based. Appeal from the decision dismissed. No appeal lies from a decision. Judgment affirmed. Plaintiffs are awarded one bill of costs to cover both appeals. While the record in this case is not as complete as it might be, the findings of fact made by the trial court justify the conclusion that plaintiffs’ chain of title goes back to at least 1844, and that defendant’s own grantors and their immediate predecessor knew and believed that plaintiffs and their predecessors were the rightful owners of the disputed parcel. In fact, they excepted it in their contract of sale to defendant. We have considered all of defendant’s remaining contentions and find them to be without merit. Titone, J. P., Shapiro and Margett, JJ., concur; Cohalan, J., dissents and votes to reverse the judgment in favor of plaintiffs and dismiss their complaint, with the following memorandum: Plaintiff’s have not proved their cause of action.

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In an action to establish plaintiffs’ title to a parcel of real property by adverse possession, defendant appeals from (1) a judgment of the Supreme Court, Putnam County, entered September 13, 1977, which, [780]*780inter alia, declared plaintiffs to be the owners of certain described premises and (2) a decision of the same court, dated July 27, 1977, upon which the judgment is based. Appeal from the decision dismissed. No appeal lies from a decision. Judgment affirmed. Plaintiffs are awarded one bill of costs to cover both appeals. While the record in this case is not as complete as it might be, the findings of fact made by the trial court justify the conclusion that plaintiffs’ chain of title goes back to at least 1844, and that defendant’s own grantors and their immediate predecessor knew and believed that plaintiffs and their predecessors were the rightful owners of the disputed parcel. In fact, they excepted it in their contract of sale to defendant. We have considered all of defendant’s remaining contentions and find them to be without merit. Titone, J. P., Shapiro and Margett, JJ., concur; Cohalan, J., dissents and votes to reverse the judgment in favor of plaintiffs and dismiss their complaint, with the following memorandum: Plaintiff’s have not proved their cause of action.

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Bluebook (online)

65 A.D.2d 779, 410 N.Y.S.2d 538, 1978 N.Y. App. Div. LEXIS 13632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-maiorebus-v-martin-nyappdiv-1978.