Legal Opinion

Hilton v. . Bender

New York Court of Appeals

Decided March 20, 1877PublishedCited by 15 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying a motion for a new trial, and dismissing plaintiff’s complaint. The nature of the action and the facts are set forth sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying a motion for a new trial, and dismissing plaintiff’s complaint. The nature of the action and the facts are set forth sufficiently in the opinion. As there was no evidence of the authority of the mayor to execute the deed of March 1, 1836, or of the existence or regularity of the proceedings preliminary to its execution required by statute, it was void. (Doughty v. Hope, 3 Den., 599; 1 N. Y., 79; Sharp v. Spier, 4 Hill, 76-86; Sharp v. Johnson, id., 92; Newell v.…

1Opinion of the Court

Church, Ch. J.

This is an action of ejectment to recover an undivided interest in premises in the city of Albany, situated on the corner of South Pearl street and Hudson avenue. The plaintiff claims, as devisee under the will of James Hilton, Sr., who died, as I infer, in December, 1836, by which he devised and bequeathed his residuary estate, real and personal, to Robert Hilton, Jr., a nephew, and Catherine, his wife, and Richard Hilton, the plaintiff, who was also a nephew of the testator. The defendant is a daughter of Robert Hilton, Jr., and Catherine, his wife, and by descent and a…

2Cases cited2 opinions

  1. Bedell v. . ShawNew York Court of Appeals · 1874
  2. Menges v. . City of AlbanyNew York Court of Appeals · 1874

3Cited by15 opinions

  1. People Ex Rel. Eckerson v. Board of TrusteesNew York Court of Appeals · 1896
  2. Hannah v. ChaseNorth Dakota Supreme Court · 1894
  3. In Re HaynesUnited States Bankruptcy Court, S.D. New York · 2002
  4. Leffingwell v. Lane CountyOregon Supreme Court · 1913
  5. People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910

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