Legal Opinion

Burnham v. . Onderdonk

New York Court of Appeals

Decided December 5, 1869PublishedCited by 14 opinions

Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment for the respondent.

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Appeal from a judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment for the respondent. In accordance with the provisions of the Revised Statutes (title 2 of chap. 5, part 3), entitled of “ proceedings to compel the determination of claims to real property in certain cases,” the respondent served upon the defendant, a notice dated June 4th, 1863, asserting the plaintiff’s title to certain lots in the city of Brooklyn, in fee, his possession thereof for more than three years; that the defendant unjustly claimed title thereto, and requiring him…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The Code, as enacted in 1848, made no provision respecting the determination of the claims to real property to which title 2 of chapter 5 of part 3d of the Revised Statutes related. But, in 1849, a section was inserted in the Code, as follows: "Proceedings to compel the determination of claims to real property, pursuant to the provisions of the Revised Statutes, may be prosecuted by action under this act, without regard to the forms of the proceedings as they…

2Cases cited1 opinion

  1. Hammond v. TillotsonNew York Supreme Court · 1854

3Cited by14 opinions

  1. Fisher v. . HepburnNew York Court of Appeals · 1871
  2. Bank of America National Trust & Savings Ass'n v. Angelus Cloak Co.California Court of Appeal · 1932
  3. King v. TownshendNew York Supreme Court · 1894
  4. Lane v. . SalterNew York Court of Appeals · 1872
  5. Blasdel v. WilliamsNevada Supreme Court · 1874

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