O'Donnell v. McIntyre
New York County Courts
Appeal in summary proceedings to dispossess. Ellen O’Donnell took proceedings in the municipal court of Rochester to disposess Robert McIntyre from premises in that city, as being one who had intruded into or squatted upon them. The facts appear in the opinion. The case now came before the county court, on appeal from a final order of the municipal court, awarding possession of premises to the plaintiff.
1Opinion of the Court
Morgan, County Judge.
The plaintiff was in possession of the premises in question under claim of ownership as heir of a deceased sister, and rented them to one Bates. The defendant obtained a deed of the premises from the treasurer of Monroe county, after a sale thereof for unpaid taxes, and pursuant to the provisions of chapter 104 of the Laws of 1877. Claiming under this deed, he took possession of the premises with the consent of plaintiff’s tenant, but without the consent of herself. Subsequently, and before the commencement of this action, the defendant’s tax deed was by the supreme court…
2Cases cited10 opinions
- Whiting v. . EdmundsNew York Court of Appeals · 1884
- The People v. . VilasNew York Court of Appeals · 1867
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Bliss v. . JohnsonNew York Court of Appeals · 1878
- Wheeler v. . RuckmanNew York Court of Appeals · 1873
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3Cited by1 opinion
- Mahoney v. HoffmanAppellate Terms of the Supreme Court of New York · 1908