Joslyn v. Rockwell
New York Supreme Court
Appeal from circuit court, Warren county. Action by Harriet E. Joslyn, as administratrix of Ai Joslyn, deceased, against George H. Rockwell and others, for trespass in wrongfully entering upon certain wild lands of plaintiff’s grantor and assignor, and cutting and converting wood and timber.
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Appeal from circuit court, Warren county. Action by Harriet E. Joslyn, as administratrix of Ai Joslyn, deceased, against George H. Rockwell and others, for trespass in wrongfully entering upon certain wild lands of plaintiff’s grantor and assignor, and cutting and converting wood and timber. Plaintiff claimed title through various intermediate conveyances, by virtue of two deeds of the land in question from the comptroller of the state to Garret Smith, on sales for non-payment of taxes on said lands, assessed as on non-resident lands. The defendants claimed title under a prior deed of the…
1Opinion of the CourtLandon, J.
The plaintiff’s right to recover for the trees cut and carried away by the defendants depended upon the question whether the intestate had established title to the lands upon which the trees stood. That title depended upon the validity and effect of two deeds from the comptroller of the state to Garret Smith,—the first executed in 1856, the second in 1869; the first recorded in the Warren county clerk’s office in 1859, and the second in 1869; both purporting to be made because of the non-payment of taxes assessed upon the lands described therein, which description embraced the loans in quo.…
2Cases cited9 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- People v. . TurnerNew York Court of Appeals · 1889
- Ensign v. . BarseNew York Court of Appeals · 1887
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Leland v. . CameronNew York Court of Appeals · 1865
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3Cited by4 opinions
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- Marsh v. Ne-ha-sa-ne Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Kelly v. Cargill Elevator Co.North Dakota Supreme Court · 1898