Legal Opinion

Wallace v. International Paper Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 7 opinions

Appeal by the defendants, The International Paper Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hamilton on the 27tli day of October, 1899, upon the decision of the court rendered after a trial at the Pulton Trial Term, before the court without a jury, adjudging that the plaintiff, Edwin R. Wallace, is seized in fee simple and is the owner of the undivided two-thirds of…

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Appeal by the defendants, The International Paper Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hamilton on the 27tli day of October, 1899, upon the decision of the court rendered after a trial at the Pulton Trial Term, before the court without a jury, adjudging that the plaintiff, Edwin R. Wallace, is seized in fee simple and is the owner of the undivided two-thirds of all of township No. 4 of Totten & Cross-field’s Purchase, lying in the town of Morehouse, Hamilton county, New York, and…

1Opinion of the Court

Kellogg, J.:

The trial court determined that the plaintiff had title to an undivided two-thirds of the lands sought to be partitioned and the International Paper Company was the owner of the remaining third ; that William McEchron, who claimed to own the two-thirds interest which the court found was owned by plaintiff, was in fact the owner of no interest whatsoever in such lands. And this conclusion was reached by the learned court through holding that the deed from the State to McEchron was invalid, because the sale was for taxes which in fact had been paid prior to the sale. If the proof…

2Cases cited3 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. Meigs v. . RobertsNew York Court of Appeals · 1900
  3. Cromwell v. . MacLeanNew York Court of Appeals · 1890

3Cited by7 opinions

  1. Peterson v. . MartinoNew York Court of Appeals · 1914
  2. Ostrander v. BellAppellate Division of the Supreme Court of the State of New York · 1921
  3. Dodd v. BoenigNew York Supreme Court · 1921
  4. Middle Island Land & Water Co. v. HutnerAppellate Division of the Supreme Court of the State of New York · 1940
  5. People v. BinkAppellate Division of the Supreme Court of the State of New York · 1912

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