Barkenthien v. . People

The grounds of the motion indicate a misunderstanding of the force and effect of our decision. We held: 1. That in an action to register a title under article 12 of the Beal Property Law (Chapter 52 of the Laws of 1909, as amended by chapter 627 of the Laws of 1910) the issues were created by the complaint and the answer precisely as in an ordinary action under the Code and were triable in like manner except as otherwise expressly provided in said statute. 2. That pursuant to section 385 of the statute the examiner’s certificate of title, the abstract, searches and survey were presumptive…