Legal Opinion

People v. Witherbee

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

Decided December 28, 1921PublishedCited by 10 opinions

Appeal by the plaintiff, The People of the State of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Essex on the 9th day of March, 1921, upon the decision of the court rendered after a trial at the Essex Trial Term without a jury.

1Opinion of the Court

Van Kirk, J.:

George A. Stevens .died after this case was submitted and the Stevens Hotel Company has been substituted as .a defendant in his place.

The action was brought October 7, 1904, .to determine the title to lot 5 of Whitefaee Mountain tract, containing 1,530 acres, more or less, in the town of North Elba, Essex" county, N. Y. A judgment, entered upo'n stipulation of the parties, the Forest, Fish and Game Commission representing the plaintiff, has been vacated and the action is here for trial.

In December, 1861, a -one-half interest of lots 1 and 5 in said tract was conveyed to Eliza…

2Cases cited4 opinions

  1. Stockdale v. Insurance CompaniesSupreme Court of the United States · 1874
  2. Joslyn v. . RockwellNew York Court of Appeals · 1891
  3. People v. . LadewNew York Court of Appeals · 1907
  4. People v. . InmanNew York Court of Appeals · 1910

3Cited by10 opinions

  1. People v. PrimeAppellate Division of the Supreme Court of the State of New York · 1924
  2. People v. DureyNew York Supreme Court · 1926
  3. Crommelin v. FinnNew York Supreme Court · 1927
  4. St. William's Church v. PeopleAppellate Division of the Supreme Court of the State of New York · 1945
  5. In re DureyAppellate Division of the Supreme Court of the State of New York · 1928

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