Legal Opinion · Dissent

Bradt v. Church

New York Supreme Court

Decided January 15, 1886Published

Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was one of ejectment to recover lands in the town of Berne, Albany county.

1DissentLearned, P. J.

(dissenting) j

The plaintiff makes title to the land, as follows : Prom 1850 to 1860 it was occupied by Stephen St. John. After 1860 it was occupied by his sons Enos and Adoniram St. John, till 1863. In that year, being in possession, they conveyed in fee, by quit-claim, to plaintiff, and the deed was recorded March 20, 1863. Plaintiff continued to occupy under this deed till about 1881, and then put his son Jeremiah on, who worked the farm as tenant for plaintiff, on shares, until he moved off in that same year.

This makes an apparent title in plaintiff.

The defendant makes title, as follows :…

2Cases cited7 opinions

  1. Whiting v. . EdmundsNew York Court of Appeals · 1884
  2. Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
  3. Finnegan v. . CarraherNew York Court of Appeals · 1872
  4. Van Rensselaer v. . DennisonNew York Court of Appeals · 1866
  5. Tompkins v. SnowNew York Supreme Court · 1872

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