Legal Opinion · Dissent

Marsh v. Ne-ha-sa-ne Park Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1898Published

Appeal by the defendant, the Ne-ha-sa-ne Park Association, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hamilton on the 1st day of December, 1896, upon the decision of the court rendered after a trial at the Fulton Circuit before the court without a jury. The facts are fully stated in Judge Putnam’s dissenting opinion.

1Dissent

Putnam, J. (dissenting):

The plaintiffs brought this action to recover possession of the northeast quarter of township 38 in Totten & Crossfield’s purchase in the county of Hamilton, containing 6,300-acres (excepting therefrom 1,000 acres conveyed by James Barrow to James Bennett, by •deed dated October 14, 1833), and recovered .judgment in the court below for an undivided five-sixths thereof.

On the trial, plaintiffs claimed title under a patent, dated February 28, 1787, from the State to one Alexander Macomb, a conveyance from Macomb to William Edgar on the 5th day of July, 1791, and a deed…

2Cases cited30 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. Crary v. . GoodmanNew York Court of Appeals · 1860
  3. Ensign v. . BarseNew York Court of Appeals · 1887
  4. Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
  5. Padgett v. LawrenceNew York Court of Chancery · 1843

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