Brady v. Begun
New York Supreme Court
THIS action was brought to recover of the defendant possession of about sixty-three acres of land situate in the town of Verona, Oneida county, and damages for the detention thereof.
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THIS action was brought to recover of the defendant possession of about sixty-three acres of land situate in the town of Verona, Oneida county, and damages for the detention thereof. The action was referred to a referee, who found the following facts : Lot Ho. 97 of the Oneida reservation, in the town of Verona, Oneida county, was sold by the state to George Brayton, and he received the usual certificate of sale from the surveyor general, dated April 2, 1807. From this lot Ho. 97, sixty-three acres, two roods and fourteen rods, (being the premises in question in this action,) were set off to…
1Opinion of the Court
By the Court,
Bacon, J.
There are three grounds put forth by the defendant in defense of this suit, neither of which seem to me to be tenable.
I. It is claimed that there was an adverse possession on the part of the defendant, of the premises in question in this suit, which of itself constitutes a perfect defense to the action; or if this does not per se defeat the plantiff’s title, the fact of such adverse possession existing at the time of the conveyance by letters patent from the state to Bernard Brady, the ancestor of the plaintiff, rendered that conveyance void.
Upon the question of fact…
2Cases cited1 opinion
- Varick v. TallmanNew York Supreme Court · 1848
3Cited by9 opinions
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Grant v. SmithMichigan Supreme Court · 1872
- People v. . LadewNew York Court of Appeals · 1924
- Ellison v. TorpinWest Virginia Supreme Court · 1898
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
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