People v. Witherbee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Spencer G. Prime and John F. O’Brien, appearing specially, from an order of the Supreme Court made at the Montgomery Special Term and entered in the office of the clerk of the county of Essex on the 4th day of February, 1916, vacating and setting aside a stipulation and agreement heretofore made herein and the judgment heretofore entered in this action and declaring void and canceling of record certain deeds, and also from an order entered in said…
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Appeal by the defendants, Spencer G. Prime and John F. O’Brien, appearing specially, from an order of the Supreme Court made at the Montgomery Special Term and entered in the office of the clerk of the county of Essex on the 4th day of February, 1916, vacating and setting aside a stipulation and agreement heretofore made herein and the judgment heretofore entered in this action and declaring void and canceling of record certain deeds, and also from an order entered in said clerk’s office on the 21st day of March, 1916, resettling a prior order granting the motion of the defendant Chester B.…
1Opinion of the Court
Woodward, J.:
On October 7, 1904, the plaintiff instituted this action in ejectment to recover possession of 1,531 acres in lot 5 of the Whiteface Mountain tracts in. North Elba, Essex county. The action was prosecuted in the name of the People by the then Forest, Fish and Game Commissioner, and the defendants answered by a general denial. On the 20th day of December, 1904, the parties entered into a stipulation settling the litigation. By this stipulation it was agreed that the defendants should take judgment dismissing the complaint and adjudging them to be the owners of 787 acres in the…
2Cases cited4 opinions
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Peck v. . BurrNew York Court of Appeals · 1851
- Unckles v. . ColgateNew York Court of Appeals · 1896
- People v. . Santa Clara Lumber Co.New York Court of Appeals · 1914
3Cited by3 opinions
- Claim of Sullivan v. Hudson Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1918
- People v. Raquette Falls Land Co.New York Supreme Court · 1917
- People v. WitherbeeAppellate Division of the Supreme Court of the State of New York · 1917