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Vaughan v. Hollingsworth

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 844 (N.Y. App. Div. 1926)

Summary

In Vaughan v. Hollingsworth, 35 Idaho 722, at page 731, 208 P. 838, 841, this court quoted with approval from Elder v. McClaskey, 6 Cir., 70 F. 529, 17 C.C.A. 251, as follows: `Before adverse possession by one tenant in common against another can begin, the one in possession must, by acts of the most open and notorious character, clearly show to the world, and to all having occasion to observe the condition and occupancy of the property, that his possession is intended to exclude and does exclude, the rights of his cotenant.

Summary of this case from Flora v. Gusman

Opinion

December, 1926.


Order denying defendants' motion to dismiss complaint on the ground that there was another action pending between the parties for the same relief, affirmed, without costs, it appearing that since the entry of the order appealed from the former action has been discontinued. (See Crossman v. Universal Rubber Co., 131 N.Y. 636; Beals v. Cameron, 3 How. Pr. 414; Averill v. Patterson, 10 N.Y. 500.) Kelly, P.J., Jaycox, Young, Kapper and Lazansky, JJ., concur.


Summaries of

Vaughan v. Hollingsworth

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 844 (N.Y. App. Div. 1926)

In Vaughan v. Hollingsworth, 35 Idaho 722, at page 731, 208 P. 838, 841, this court quoted with approval from Elder v. McClaskey, 6 Cir., 70 F. 529, 17 C.C.A. 251, as follows: `Before adverse possession by one tenant in common against another can begin, the one in possession must, by acts of the most open and notorious character, clearly show to the world, and to all having occasion to observe the condition and occupancy of the property, that his possession is intended to exclude and does exclude, the rights of his cotenant.

Summary of this case from Flora v. Gusman

In Vaughan v. Hollingsworth, 35 Idaho 722 at page 731, 208 P. 838, 841, this court quoted with approval from Elder v. McClaskey, 6 Cir., 70 F. 529, 17 C.C.A. 251, as follows: "Before adverse possession by one tenant in common against another can begin, the one in possession must, by acts of the most open and notorious character, clearly show to the world, and to all having occasion to observe the condition and occupancy of the property, that his possession is intended to exclude, and does exclude, the rights of his cotenant.

Summary of this case from Terry v. Terry
Case details for

Vaughan v. Hollingsworth

Case Details

Full title:FLORENCE W. VAUGHAN, Respondent, v. HARRY E. HOLLINGSWORTH and Another…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1926

Citations

218 App. Div. 844 (N.Y. App. Div. 1926)

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