John J. Randall Co. v. Willetts

Headnote

Beal property — title — ejectment — title to land in town of Hempstead — estoppel.

Randall Co. v. Willetts, 204 App. Div. 841 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 1, 1922, affirming a judgment in favor of defendant, respondent, entered upon a verdict. The action was in ejectment and involved about fifty-seven acres of meadow or marsh land situate in the town of Hempstead, Nassau county. Plaintiff in its complaint claimed ownership of the land in fee, and that the defendant Frank Willetts was in possession under a lease from the defendant town of Hempstead, and that the defendant town of Hempstead had exercised various acts

of ownership thereover and claims title thereto and asked judgment for possession, with certain damages for the withholding by the defendants. Defendant town of Hempstead, by its answer, denied plaintiff’s title and further claimed an estoppel as against the plaintiff to dispute the defendant town of Hempstead’s title, contending that the plaintiff was the tenant of the said defendant town of Hempstead.