Ostrander v. . Reis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 23, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 23, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff and his grantors until 1890 had title in fee simple to' the premises by virtue of the tax deeds, subject to the occupant’s right to redeem. (Black on Tax Titles [2d ed.], 419; Terrell v. Wheeler, 123 N. Y. 76; Blackwell on Tax…
1Opinion of the CourtGray, J.
The action is in ejectment, to recover lands in the town of Matbush, county of Kings. The defendant and her predecessors in interest have been in the continuous possession of the premises, since 1867, claiming title thereto through conveyances. It is conceded by the appellant that, if the title has not vested in him through certain deeds of the comptroller of the state, it is in the defendant. At the Trial Term, the complaint was dismissed upon the merits and the judgment thereupon entered has been affirmed by the Appellate Division. The question, which the appeal presents, arises under…
2Cases cited3 opinions
- People v. . LadewNew York Court of Appeals · 1907
- Westbrook v. . WilleyNew York Court of Appeals · 1872
- People v. . LadewNew York Court of Appeals · 1907
3Cited by16 opinions
- Peterson v. . MartinoNew York Court of Appeals · 1914
- Mabie v. FullerNew York Court of Appeals · 1931
- Sheldon v. RussellNew York Supreme Court · 1915
- Dodd v. BoenigNew York Supreme Court · 1921
- Nichols v. KellasNew York Supreme Court · 1915
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