Olcott v. Robinson
New York Supreme Court
THIS was an action in the nature of ejectment to recover the possession of the north half of Yalcour Island, situate in lake Champlain, in the county of Clinton. The cause was tried in July, 1854, and a verdict taken for the plaintiffs, subject to the opinion of the court at general term.
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THIS was an action in the nature of ejectment to recover the possession of the north half of Yalcour Island, situate in lake Champlain, in the county of Clinton. The cause was tried in July, 1854, and a verdict taken for the plaintiffs, subject to the opinion of the court at general term. The plaintiff claimed title by virtue of a deed received from the sheriff of Clinton county, on a sale of the premises under an execution issued upon a judgment rendered against Peter Com-stock, docketed May 9, 1840. The defendant claimed through the same source, by virtue of a sale upon a junior judgment.…
1Opinion of the Court
By the Court, James, J.
The validity of the judgment under which the plaintiff makes title to the premises in question, the regularity of the execution issued thereop, and all proceedings under it, except the publication of the notice of sale, are not disputed; so that the only question presented for consideration is, whether in the publication of the notice of sale under the execution, the requirements of the statute have been sufficiently complied with to vest in the plaintiff title to the premises in dispute. The statute is in substance as follows: “ The time and place of holding any sale…
2Cited by13 opinions
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- Husted v. DakinNew York Supreme Court · 1857
- Russell v. DyerSupreme Court of New Hampshire · 1861
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