Legal Opinion

Thompson v. . Burhans

New York Court of Appeals

Decided December 2, 1879PublishedCited by 30 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 15 Hun, 580; reported on former appeal, 61 N. Y., 52.) The nature of the action and the facts appear in the opinion.

1Opinion of the CourtEarl, J.

This was an action of ejectment brought to recover an undivided five-sixteenth part of 4,000 acres of land described in the complaint as situated in the town of ¡Newcomb, Essex county, in township number forty-seven, in Totten & Crossfield’s purchase. The only title claimed by the plaintiff is under a tax deed from the comptroller of the State executed in 1836. It was held by the Commission of Appeals, upon a prior appeal in this case (61 N. Y., 52), that that title was, "on account qf certain defects in the proceedings prior to the execution of the deed by the comptroller, invalid, and hence…

2Cases cited3 opinions

  1. Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
  2. Thompson v. . BurhansNew York Court of Appeals · 1874
  3. Wheeler v. . SpinolaNew York Court of Appeals · 1873

3Cited by30 opinions

  1. Belotti v. . BickhardtNew York Court of Appeals · 1920
  2. Kraus v. . BirnbaumNew York Court of Appeals · 1910
  3. Archibald v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1899
  4. Holden v. LynnSupreme Court of Oklahoma · 1911
  5. Brown v. BocquinSupreme Court of Arkansas · 1892

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