Barkenthien v. . People
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was to procure a judgment of registration of the title of the plaintiff to certain real estate in the city of Mew York. Of the many defendants, The People of the State of Mew York alone answered the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 15, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was to procure a judgment of registration of the title of the plaintiff to certain real estate in the city of Mew York. Of the many defendants, The People of the State of Mew York alone answered the complaint. While our determination of the principal questions presented by the record before us depends directly upon the…
1Opinion of the CourtCollin, J.
The People of the state, as defendants, in actions for the registration of titles under the sections of the Peal Property Law relating thereto, have the right by their pleading to oppose the right of the plaintiff to the judgment demanded and to support the pleading by corresponding proof. The statute throughout recognizes the People of the state as interested in the property or as having interests which may be affected by the judgment. It requires that the complaint and the summons specifically name them as defendants. In the provision that the complaint shall state what interest, if any,…
2Cases cited2 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- American Land Co. v. ZeissSupreme Court of the United States · 1911
3Cited by6 opinions
- Bruce v. DyerCourt of Appeals of Maryland · 1987
- Meighan v. RoheAppellate Division of the Supreme Court of the State of New York · 1915
- Belmont Powell Holding Co. v. Serial Building Loan & Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1915
- Jamieson & Bond Co. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1915
- Jamieson & Bond Co. v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1916
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