Legal Opinion

People v. Tuthill

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

Decided March 9, 1917PublishedCited by 3 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 Bronx on the 26th day of June, 1916, dismissing the complaint upon the decision of the court after a trial at the Bronx Special Term.

1Opinion of the Court

Scott, J.:

This is an action in ejectment to recover possession of a parcel of land between Melrose avenue and another avenue in the county of Bronx. The State claims title by escheat from one James Wells who died at the city of New York on or about the 10th day of June, 1879. The corporation defendant is in. possession of the property, or a portion of it but exhibits no claim of title thereto. The defendant Tuthill holds an assignment of a tax lien upon the property from the city of New York.

Since the court merely dismissed the complaint for lack of evidence of plaintiff’s title, no decision…

2Cases cited4 opinions

  1. Young v. . ShulenbergNew York Court of Appeals · 1901
  2. Deering v. . ReillyNew York Court of Appeals · 1901
  3. Layton v. KraftAppellate Division of the Supreme Court of the State of New York · 1906
  4. People v. Fulton Fire InsuranceNew York Supreme Court · 1840

3Cited by3 opinions

  1. In re the Accounting of NicolosiNew York Surrogate's Court · 1948
  2. In re the Accounting of KellyNew York Surrogate's Court · 1947
  3. In re the Estate of BerlinNew York Surrogate's Court · 1977

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