Comstock v. Beardsley
New York Supreme Court
This was an action of ejectment for the recovery of a lot of land of 420 acres, except 48 acres, in the south-east corner thereof. The plaintiffs showed title and rested. The defendant produced in evidence a deed from the comptroller of the state to James Hooker and Nathaniel P. Tallmadge, bearing date 27 th June, 1828, conveying to them the premises in question, in pursuance of a sale for non-payment of taxes.
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This was an action of ejectment for the recovery of a lot of land of 420 acres, except 48 acres, in the south-east corner thereof. The plaintiffs showed title and rested. The defendant produced in evidence a deed from the comptroller of the state to James Hooker and Nathaniel P. Tallmadge, bearing date 27 th June, 1828, conveying to them the premises in question, in pursuance of a sale for non-payment of taxes. The plaintiffs then proved that one John K. Bean occupied the lot from 1824 to 1830, that from 40 to 70 acres of the lot were cleared and cultivated, that Bean had a dwelling house on…
1Opinion of the Court
By the Court,
Nelson, J.
The material, question in this case is, whether the whole of the premises in question were actually in the possession and occupancy of Bean or any other person at the date of the deed from the comptroller. If they -were, then the title under that conveyance is defective for want of proper notice to redeem. 7 Wendell, 148. An occupancy that would constitute a good adverse possession of the entire lot, and which might ripen into a title in twenty years, was not within the contemplation of the statute. It was not intended to regard the title of the land thus sold, but the…
2Cases cited1 opinion
- Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
3Cited by15 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Bush v. DavisonNew York Supreme Court · 1837
- Hennepin Improvement Co. v. SchusterNew York Supreme Court · 1910
- West End Brewing Co. v. OsborneAppellate Division of the Supreme Court of the State of New York · 1929
- People ex rel. Marsh v. CampbellNew York Supreme Court · 1893
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