Becker v. Howard
New York Supreme Court
An action of ejectment tried at the Cattaraugus* county circuit, without a jury, in May, 1874. The premises are situated in the town of Bucktooth and consist of about 400 acres. They are wild and unoccupied, and uncultivated lands.
1Opinion of the CourtBarker, J.
—Although the defendants are not in the possession of the premises, the plaintiff can maintain an action of ejectment under the provisions of the statutes, basing the right upon the claim of title made by the defendants.
The plaintiff founds his title upon a patent issued by this • state in the year 1835 to Benjamin Chamberlain, and tracing the same through several mesne conveyances; the one to himself being a deed from Francis G. Salmon, dated April 1, 1869.
The defendants stand upon an alleged tax title from the state — the comptroller’s deed—bearing date February 16, 1869 ; the certificate…
2Cases cited12 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- People v. MauranNew York Supreme Court · 1848
- Leese v. ClarkCalifornia Supreme Court · 1861
- Waterman v. SmithCalifornia Supreme Court · 1859
- Jackson ex dem. Duncan v. HarderNew York Supreme Court · 1809
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3Cited by3 opinions
- Peo. Ex Rel. Garbutt v. . R. and S.L.R.R. Co.New York Court of Appeals · 1879
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- Gillespie v. Board of SupervisorsNew York Supreme Court · 1942