Varick v. Tallman
New York Supreme Court
Ejectment, tried before Gridley, Circuit Judge, at the' Oswego circuit in June, 1847. Upon the trial the defendant proved a title in himself to the premises in question, by a purchase under a decree in chancery, in a suit instituted for the foreclosure of a mortgage executed to the original patented of the lot, and by him assigned to the complainants in that shit; To divest the defendants of the title thus acquired,- and to' show a paramount right in the plaintiff Ann…
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Ejectment, tried before Gridley, Circuit Judge, at the' Oswego circuit in June, 1847. Upon the trial the defendant proved a title in himself to the premises in question, by a purchase under a decree in chancery, in a suit instituted for the foreclosure of a mortgage executed to the original patented of the lot, and by him assigned to the complainants in that shit; To divest the defendants of the title thus acquired,- and to' show a paramount right in the plaintiff Ann Yarick, the plaintiffs’ counsel gave in evidence a deed executed by the comptroller of the state to her, bearing date on the…
1Opinion of the Court
By the Court, Gridley, J.
The plaintiffs having rested their case, upon the production and proof of the comptroller’s deed, and without any other evidence of the facts which the statute requires, to confer upon the comptroller the power to sell, the question is presented for our decision, whether that deed, with the recitals contained in it, furnishes prima facie evidence of the existence of such power.
The general principle applicable to cases wherein the owner of lands is sought to be divested of his title by means of a special proceeding authorized by an act of the legislature, is no where…
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