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Legal Opinion · Dissent

Brenner v. Great Cove Realty Co.

New York Court of Appeals

Decided July 8, 1959Published

1Dissent

Desmond, J. (dissenting).

First enacted as chapter 204 of the Laws of 1821, the statute which is now section 8 of the New York Indian Law prescribes a summary procedure for ousting from ‘ ‘ lands owned or occupied by any nation, tribe or band of Indians ” in this State any intruders, that is, any persons attempting to settle or reside on such lands ‘1 except the members of such nation, tribe or band.” In People ex rel. Cutler v. Dibble (16 N. Y. 203, affd. 62 U. S. 366) the purpose of such a proceeding was authoritatively stated as being “ to remove intruders from what are indisputably the…

2Cases cited18 opinions

  1. Buckles v. . State of New YorkNew York Court of Appeals · 1917
  2. Morris v. HitchcockSupreme Court of the United States · 1904
  3. Eells v. RossCourt of Appeals for the Ninth Circuit · 1894
  4. People Ex Rel. Howell v. . JessupNew York Court of Appeals · 1899
  5. New York Ex Rel. Cutler v. DibbleSupreme Court of the United States · 1859

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