Robie v. Sedgwick
New York Court of Appeals
Reuben Robie, and two others, trustees of school district ¡No. 5, in the town of Bath, brought an action in the nature of ejectment, in the supreme court, against William Sedgwick and Richard Hardenbrook, to recover possession of the school-. house lot.
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Reuben Robie, and two others, trustees of school district ¡No. 5, in the town of Bath, brought an action in the nature of ejectment, in the supreme court, against William Sedgwick and Richard Hardenbrook, to recover possession of the school-. house lot. After many years’ occupation the school-house ivas burned down, and an owner of adjoining ground extended his fence so as to include the lot, and two years afterward sold the whole inclosure to third persons, and defendants obtained possession under a contract with them for the purchase of the property. It was proved on the trial, in addition…
1Opinion of the Court
By the Court.
Hunt, Ch. J.
The first objection to the recovery in this case is based upon the allegation that the 'plaintiffs have not shown themselves to be a corporation. It was admitted upon the trial, by the defendants’ counsel, that when this action was commenced, the plaintiffs were acting as trustees of school district number five. It was found that the records of the school district, prior to 1846, could not be found. Since that period the records show a continued action and succession of trustees of the district No. 5. The defendants themselves introduce a deed from Mr. Townsend, dated…
2Cited by2 opinions
- De Pew v. Union Free School District No. 4Appellate Division of the Supreme Court of the State of New York · 1973
- Plymouth Rubber Co. v. KnottCity of New York Municipal Court · 1921