Wells v. . Johnston
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1901, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 7, 1901, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff had title to the land when the pulp wood was cut in 1899. (128 N. Y. 270 ; 152 N. Y. 204 ; 157 N. Y. 437; 159 N. Y. 176 ; 161 N. Y. 520 ; 162 N. Y. 84.) The case was correctly disposed of under section 1187 of the Code of Civil Procedure. (52 App. Div. 349 ;…
1Opinion of the CourtHaight, J.
This action was brought to recover the value of a quantity of pulp wood, which, it was alleged, -was converted by the defendants. The wood was cut by the plaintiff upon a six-hundred-acre tract of land in the town of Forest-port, Oneida county, located upon the north part of the Gouverneur tract. It was seized by an agent of the state and sold to the defendants.' The question presénted for our determination is as to whether the land on which the wood was cut belonged to the plaintiff or to the People of the state.
The title of the state is derived through a deed of the comptroller executed on…
2Cited by28 opinions
- Williams Press v. State of NYNew York Court of Appeals · 1975
- People v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1921
- Lee v. StateNew York Court of Claims · 1946
- People v. . Santa Clara Lumber Co.New York Court of Appeals · 1914
- People Ex Rel. Turner v. . KelseyNew York Court of Appeals · 1904
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