Bush v. Davison
New York Supreme Court
This was an action of ejectment, tried at the Monroe circuit in October, 1834, before the Hon. Hiram Denio, one of the circuit judges. The plaintiff claimed to recover 30 acres of land, under a deed executed by the comptroller of the state, conveying ninety-five acres of land as sold for taxes, of which the thirty acres were a part.
Read the full summary
This was an action of ejectment, tried at the Monroe circuit in October, 1834, before the Hon. Hiram Denio, one of the circuit judges. The plaintiff claimed to recover 30 acres of land, under a deed executed by the comptroller of the state, conveying ninety-five acres of land as sold for taxes, of which the thirty acres were a part. The comptroller’s deed bore date on the 30th December, 1833. On the day of the date of that deed, one Philips was in possession of a dwelling house erected on the premises in question as a tenant at sufferance to the defendant, and continued in possession until…
1Opinion of the Court
By the Court, Cowen, J.
If the question of constructive possession were material, there can be no doubt that on the evidence given, the judge properly left the question to the jury, whose finding must be received as conclusive.
The plaintiff claims to have made title by operation of the statute, 1 R. S. 399 to 401, 2d ed.; and the only question of any difficulty is, whether, within that statute, notice be necessary to the actual occupant of any part of an entire tract sold to pay non-resident taxes, before the comptroller’s deed shall become absolute in respect to any other *552part, even though it…
2Cases cited2 opinions
- Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
- Comstock v. BeardsleyNew York Supreme Court · 1836
3Cited by13 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- People v. . LadewNew York Court of Appeals · 1924
- Lockwood v. . GehlertNew York Court of Appeals · 1891
- Hill v. DraperNew York Supreme Court · 1851
- Scales v. AlvisSupreme Court of Alabama · 1847
8 more not listed; retrieve them via the Exa API.