The People v. . the Rector, C., of Trinity Church
New York Court of Appeals
Appeal from the Supreme Court. Action of ejectment commenced in the year 1856, to recover a lot of land on Murray street, in the city of Mew York, which The People in their complaint claimed to own in fee.
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Appeal from the Supreme Court. Action of ejectment commenced in the year 1856, to recover a lot of land on Murray street, in the city of Mew York, which The People in their complaint claimed to own in fee. The defendants answered as follows: 1. By denying generally the truth of the complaint: 2. They interposed the statute of limitations as a har, that is to say, they averred that no right or title had accrued to The People within forty years next before the commencement of the action, and that The People had not within the said forty years received the rents and profits of the land or any…
1Opinion of the Court
Comstock, Ch. J.
Upon the argument in this court it has been insisted that The People are presumptively the owners of all the lands within the State, and consequently that in the action of ejectment they are always entitled to recover on proving the defendant to be in possession, unless the latter repels the presumption by showing that they do not own the particular premises in controversy. In support of this position we have been referred to the provision in the State Constitution which declares that “ The People of this State in their right of sovereignty are deemed to possess the original…
2Cases cited1 opinion
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by21 opinions
- Gridley v. United StatesCourt of Appeals for the Sixth Circuit · 1930
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Gamble v. HorrMichigan Supreme Court · 1879
- Gaskell v. BeardNew York Supreme Court · 1890
- Carter v. WalkerSupreme Court of Alabama · 1914
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