Meigs v. . Roberts
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department entered July 17, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department entered July 17, 1899, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The comptroller is not in such possession of the lands in question that the title of the state to these premises can be tested, impaired or questioned in an action of ejectment against said comptroller. (L. 1895, ch. 395, § 270; L.…
1Opinion of the CourtCullen, J.
This action is in ejectment for a tract of wild land in Franklin -county containing 585-f acres, and was commenced on April 2nd, 1897. The complaint alleged that the plaintiff was the owner in fee and entitled to the immediate possession of the lands; that since the 1st of January, 1895, the defendant had been and then was comptroller of the state of New York, and that as such comptroller he was and had been for two years in possession of the said lands. The defendant answered admitting that he was comptroller of the state during the period stated,- and put in issue every other allegation of…
2Cases cited10 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Turner v. New YorkSupreme Court of the United States · 1897
- People v. . TurnerNew York Court of Appeals · 1889
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Ensign v. . BarseNew York Court of Appeals · 1887
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3Cited by83 opinions
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- Dunkum v. MacEck Building Corp.New York Court of Appeals · 1931
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- Peterson v. . MartinoNew York Court of Appeals · 1914
- McSurely v. McGrewSupreme Court of Iowa · 1908
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