Legal Opinion

Hoyt v. Dillon

New York Supreme Court

Decided April 3, 1855PublishedCited by 5 opinions

ÁPPEALi by the defendant-from a judgment entered at a special term. The action was brought to recover the possession of real estate situate in the city of Brooklyn. The answer was a general denial of the matters set forth in the complaint.

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ÁPPEALi by the defendant-from a judgment entered at a special term. The action was brought to recover the possession of real estate situate in the city of Brooklyn. The answer was a general denial of the matters set forth in the complaint. On the trial, at the Kings county circuit, in February, 1851, before Justice Morse, the plaintiff proved that the premises in question were, on and previous to the 28th day of January, 1835, owned and possessed by Charles Hoyt, and that the said Charles Hoyt and wife, by deed dated January 28th, 1835, and recorded April 25th, 1835, conveyed the said…

1Opinion of the Court

By the Court,

Brown, J.

JSTo evidence was offered, upon the trial, to establish the, truth of the recitals contained in the deed or instrument of conveyance from the common council of the city of Brooklyn to William Beard, the defendant’s grantor, of the date of May 3d, 1843. The deed professes that the sale was made for an unpaid tax or assessment imposed upon the lands therein described, under the act to incorporate the .city of Brooklyn, passed April 8th, 1834. Without proof of the facts contained in the recitals that all the requisites of the statute had been complied with and the power…

2Cases cited3 opinions

  1. Striker v. KellyNew York Supreme Court · 1845
  2. Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
  3. Smith ex dem. Teller v. BurtisNew York Supreme Court · 1812

3Cited by5 opinions

  1. Long v. BurnettSupreme Court of Iowa · 1862
  2. Towle v. PalmerThe Superior Court of New York City · 1863
  3. Bensel v. GrayThe Superior Court of New York City · 1875
  4. Doherty v. MatsellNew York Court of Appeals · 1890
  5. Janes v. Janes, New York County Courts1919

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