Legal Opinion

Ostrander v. . Darling

New York Court of Appeals

Decided May 1, 1891PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department entered upon an order made May 7, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHaight, J.

This action was brought to recover for timber and bark cut and carried away from lot number 20, Ox Bow tract, Hamilton county.

Both parties claimed title to the land by patent from the-state of Hew York.

It appears that in the year 1842 the land commissioners of the state made a contract of sale to one Andrew K. More-house of the land in question; that Morehouse at the time paid thereon one-quarter of the purchase-money and gave his bond for the payment of the balance in six equal annual installments, thereafter and received a certificate from the surveyor-general of the state. On the 22d of…

2Cases cited2 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. People Ex Rel. Wright v. . ChapinNew York Court of Appeals · 1886

3Cited by8 opinions

  1. Joslyn v. . RockwellNew York Court of Appeals · 1891
  2. Tannhauser v. AdamsCalifornia Supreme Court · 1947
  3. People Ex Rel. Millard v. . RobertsNew York Court of Appeals · 1897
  4. Dunkum v. Maceck Building Corp.Appellate Division of the Supreme Court of the State of New York · 1929
  5. Harison v. CaswellAppellate Division of the Supreme Court of the State of New York · 1897

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