People v. Denison
New York Supreme Court
m This was an action of ejectment tried at the Erie circuit in October, 1834. This suit was brought for the recovery of lot No. 3, on Grand-Island, in the Niagara river. The defendant was in possession of the lot, or part thereof, at the commencement of the suit. In 1824, the island was surveyed into lots under the direction of the surveyor-general of the state.
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m This was an action of ejectment tried at the Erie circuit in October, 1834. This suit was brought for the recovery of lot No. 3, on Grand-Island, in the Niagara river. The defendant was in possession of the lot, or part thereof, at the commencement of the suit. In 1824, the island was surveyed into lots under the direction of the surveyor-general of the state. A field-hook and map of the survey, certified by the surveyor-general, was filed in the clerk’s office of the county of Erie, in March, 1825, having been transmitted to that office by the deputy secretary of state, by order of the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The people of this state, in their right of sovereignty, are deemed to possess the original and ultimate property in and to all lands within the jurisdiction of the state (1 R. S. 718, § 1). And in an action of ejectment in their name, proof that the premises claimed were vacant and unoccupied within the period necessary to be shown to establish title by adverse, possession against them, is sufficiént in the first instance to authorize a recovery ( Wendell v. The People, 8 Wend. 183). This proposition necessarily follows, from the fact of their being the source of…
2Cases cited1 opinion
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by13 opinions
- Sutherland v. International Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1930
- Green v. IrvingMississippi Supreme Court · 1877
- Genesee Valley Canal Railroad v. SlaightNew York Supreme Court · 1888
- In re State Reservation at NiagaraNew York Supreme Court · 1884
- Oregon Liquor Control Commission v. CoeOregon Supreme Court · 1940
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