Marsh v. Ne-ha-sa-ne Park Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Ne-ha-sa-ne Park Association, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hamilton on the 1st day of December, 1896, upon the decision of the court rendered after a trial at the Fulton Circuit before the court without a jury. The facts are fully stated in Judge Putnam’s dissenting opinion.
1Opinion of the Court
Landon, J.:
I agree with Mr. Justice Putnam that the plaintiffs proved a paper title to five-sixths of the lands described in the complaint under the patent to Alexander Macomb of 1787. But I think that such title was divested by the Comptroller’s deed to the State under the tax sale of 1843, for the reason that chapter 448, Laws of 1885, and chapter 711, Laws of 1893, limited the time in which the presumptive evidence of the validity of the title given by that deed to the State could be controverted, and that time having expired before this action was commenced, the deed has become conclusive…
2Cases cited9 opinions
- Turner v. New YorkSupreme Court of the United States · 1897
- Ensign v. . BarseNew York Court of Appeals · 1887
- People v. . TurnerNew York Court of Appeals · 1895
- People v. . HagadornNew York Court of Appeals · 1887
- Bowers v. ChambersMississippi Supreme Court · 1876
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3Cited by5 opinions
- Saranac Land & Timber Co. v. Comptroller of New YorkSupreme Court of the United States · 1900
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Clark v. KirklandNew York Supreme Court · 1908
- Morgan v. TurnerNew York Supreme Court · 1901
- Low v. StateAppellate Division of the Supreme Court of the State of New York · 1953