Rice v. Davis
New York Supreme Court
Appeal by the plaintiff from a judgment ordered at the circuit in Madison county, in favor of the defendant. The action was brought -in 1870, to recover a parcel of land situate in Madison county. The cause was tried at the Madison county Circuit in February, 1871, before Justice Balcom and a jury. The plaintiff read in evidence a deed from Betsy Pratt to the plaintiff, dated April 1,1841, of the premises in question.
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Appeal by the plaintiff from a judgment ordered at the circuit in Madison county, in favor of the defendant. The action was brought -in 1870, to recover a parcel of land situate in Madison county. The cause was tried at the Madison county Circuit in February, 1871, before Justice Balcom and a jury. The plaintiff read in evidence a deed from Betsy Pratt to the plaintiff, dated April 1,1841, of the premises in question. The plaintiff proved that he was in possession of the premises several years, and that subsequently and until the trial the defendant was in possession. The plaintiff further…
1Opinion of the Court
By the Court—
Miller, P. J.
The title of the defendant to the real estate in controversy in this action depends mainly upon the question, whether there was a valid redemption of the same by La Mott Thomson, as holder of a certain judgment, or certain judgments, against the plaintiff.
It is claimed by the counsel for the plaintiff that the redemption was insufficient, and that the formalities of the . statute were not 'complied with, in the papers presented to the sheriff, for the purpose of redeeming the real estate sold by him. (3 R. S., 5th ed., 654, § 16.)
Various objections are urged to the…
2Cases cited7 opinions
- Armstrong v. PercyNew York Supreme Court · 1830
- Hartwell v. RootNew York Supreme Court · 1822
- Ritchie v. PutnamNew York Supreme Court · 1835
- People ex rel. Post v. RansomNew York Supreme Court · 1847
- Gilchrist v. . ComfortNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goldman v. KennedyNew York Supreme Court · 1888
- Thorn v. MayerThe Superior Court of the City of New York and Buffalo · 1895
- Hasbrouck v. BurhansNew York Supreme Court · 1886
- Thorn v. MayerSuperior Court of Buffalo · 1895