noting that an equitable action to remove a cloud on title "is quite apart from and not merged in the statutory action"
Summary of this case from Barberan v. NationpointNovember, 1912.
Interlocutory judgment affirmed, with costs. No opinion. Jenks, P.J., Hirschberg, Burr, Thomas and Carr, JJ., concurred.
noting that an equitable action to remove a cloud on title "is quite apart from and not merged in the statutory action"
Summary of this case from Barberan v. NationpointFull title:Gustav Meyer, Respondent, v. Clayton H. Wilcox, Appellant
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Nov 1, 1912
Thus, the gravamen of the complaint is to set aside the deed as "fraudulent" based upon the claim of forgery.…
Barberan v. NationpointThus, Plaintiffs may choose to seek an equitable common law action to quiet title despite the existence of…