Turner v. Boyce
New York Supreme Court
Action to recover damages for trespass to lands, cutting and taking timber therefrom, really an action to try title to the lot in question, No. 86, except northwest quarter, in the town of Belmont, Franklin county.
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Action to recover damages for trespass to lands, cutting and taking timber therefrom, really an action to try title to the lot in question, No. 86, except northwest quarter, in the town of Belmont, Franklin county. It was conceded that plaintiff had title unless it had been divested by the tax sales of 1877, 1881 and 1885. The lot, except the northwest quarter, was sold at the comptroller’s tax sale in 1877 for the unpaid taxes of 1861, 1862, 1864, 1865, 1866, 1867, 1868, 1869 and 1870, amounting to $256.26. The taxes for each of these years, except 1862 and 1870, were assessed upon the whole…
1Opinion of the CourtKeelogg, J.
No contention is made over the title of the plaintiff, to the land on which the timber was cut—lot 86 in the town of Belmont except the northwest quarter — that is to say, defendant concedes that plaintiff should recover unless defendant’s title do the land is paramount to plaintiff’s title.
The only question, therefore, relates to defendant’s title, or the title of his partner, William W. Wheeler. The deed to Wheeler is the ordinary quit claim of the state, signed by the governor under resolution of the land office and dated June 21, 1894.
The only title then possessed by the state was such as…
2Cases cited9 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Joslyn v. . RockwellNew York Court of Appeals · 1891
- Dingey v. PaxtonMississippi Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marsh v. Ne-ha-sa-ne Park Ass'nNew York Supreme Court · 1896
- Harison v. CaswellAppellate Division of the Supreme Court of the State of New York · 1897
- Meigs v. RobertsAppellate Division of the Supreme Court of the State of New York · 1899
- Andrus v. WheelerNew York Supreme Court · 1896
- Barnes v. KandtNew York Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.