Shattuck v. . Bascom
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, in favor of plaintiffs, entered upon an order made April 23, 1885, which denied a motion for a new trial and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. Defendant’s acts amounted to actual possession and occupation at the time the taxes were assessed and levied, and also at the time the bark was taken.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, in favor of plaintiffs, entered upon an order made April 23, 1885, which denied a motion for a new trial and directed judgment on a verdict. The nature of the action and the material facts are stated in the opinion. Defendant’s acts amounted to actual possession and occupation at the time the taxes were assessed and levied, and also at the time the bark was taken. (Thompson v. Burhans, 79 N. Y. 99, 100; Miller v. L. I. R. R. Co., 71 id. 383, 384.) The fact that Coleman mistook his remedy and…
1Opinion of the Court
Earl J.
The plaintiffs commenced this action to recover a quantity of hemlock bark which the defendant had peeled and taken from the trees standing on lot No. 54, containing one hundred and fifty acres of land situated in the town of Portville, in the county of Cattaraugus. • The defendant in his answer denied the plaintiffs’ title to the land, and averred that he owned the land and consequently the bark taken therefrom.
Upon the trial it appeared that the plaintiffs claimed title under a deed executed by the comptroller of the State pursuant to a sale of land in 1866 for arrears of taxes for…
2Cases cited4 opinions
- People v. . HagadornNew York Court of Appeals · 1887
- Van Rensselaer v. . WitbeckNew York Court of Appeals · 1852
- Murray v. . WalkerNew York Court of Appeals · 1865
- Colman v. . ShattuckNew York Court of Appeals · 1875
3Cited by34 opinions
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Nind v. MyersNorth Dakota Supreme Court · 1906
- Ensign v. BarseNew York Court of Appeals · 1888
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
- Tuscarora Club of Millbrook v. BrownNew York Court of Appeals · 1915
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