Bryan v. . McGurk
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 4, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury 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 an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 4, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plain reading of section 131 of the Tax Law makes the comptroller’s deed conclusive evidence of title after the lapse of two years from the date thereof, and the provisions of that section constitute a short statute of…
1Opinion of the Court
Cullen, Ch. J.
The action is in ejectment to recover possession of a tract of wild land in Saratoga county. The plaintiff proved an unbroken chain of title since the year 1818, which, under section 960 of the Code of Civil Procedure, was presumptive evidence of ownership. The defendant relied on a sale by the comptroller for unpaid taxes in 1900, purporting to be made for default in payment of taxes prior to 1897, amounting to twenty-three cents, the deed given on that sale dated June 2nd, 1903, and recorded in the county clerk’s office June 1, 1905, and a deed from the statejs grantee to…
2Cases cited9 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Meigs v. . RobertsNew York Court of Appeals · 1900
- People v. . TurnerNew York Court of Appeals · 1895
- Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
- People v. . LadewNew York Court of Appeals · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Cameron Estates, Inc. v. DeeringNew York Court of Appeals · 1954
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- Kiamesha Development Corp. v. Guild Properties, Inc.New York Court of Appeals · 1958
35 more not listed; retrieve them via the Exa API.