Sanders v. Carley
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Joshua C. Sanders, and by the defendants, William A. Carley and another, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 31st day of March, 1902, upon the decision of the court rendered after a trial'at the Kings .County Trial Term, a jury having been waived. Judgment affirmed, without costs to either party on the opinion of Mr. Justice Gabeetson at Trial Term.
1Opinion of the Court
• The following is the opinion of Mr. Justice Gaeeetson delivered at the Kings County Trial Term :
Garretson, J.:
When the plaintiff rested, he had by competent proof shown the legal title in fee to be vested in him, and, therefore, the legal right to possession of the premises in question.
Defendant Rourke undertook to establish a superior title and possessory right by the introduction of several deeds from the Comptroller of the State, made upon sales for unpaid taxes. By rebutting proof the plaintiff has satisfactorily shown that the sales upon which these tax deeds were founded, and which…
2Cases cited2 opinions
- Hagner v. HallAppellate Division of the Supreme Court of the State of New York · 1896
- Collins v. . Long Island CityNew York Court of Appeals · 1892
3Cited by3 opinions
- W. C. & A. N. Miller Development Co. v. Emig Properties Corp.District Court, District of Columbia · 1943
- Dunkum v. Maceck Building Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Sheldon v. RussellNew York Supreme Court · 1915