Notes on the Revised Statutes of the State of New York; Pointing Out the Principal Alterations Made by Them in the Common and Statute Law

Notes on the Revised Statutes of the State of New York; Pointing Out the Principal Alterations Made by Them in the Common and Statute Law

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1830 edition. Excerpt: ...or representativesr Title second of the fifth chapter, third part, p. 312 provides the proceedings to compel the determination of claims to real property in certain cases. The ancient mode of barring claims to real estate, by suffering a fine and recovery, being abolished, this title provides a substitute. Any person who has been in possession of real estate three years, may serve a notice upon another of full age, &c. who is supposed to have any claim to such estate, requiring him to appear in the su preme court and assert his claim, or be forever barred. If the person notified does not choose to appear, judgment by default goes against him with the same effect as if he had disclaimed. If he appears and dis claims all title to the property, he is to be allowed his costs, andjudgment passes against him that he be forever barred, as well as all claiming from him-by title subsequent to the notice. Or he may deny that the person giving the notice has been in possession three years. If he means to claim title, he is then to declare in ejectment, and the same proceedings are to be had as in other cases. If a non-resident be supposed to have any claim to such estate, notice may be served on his agent here, under the directions of the supreme court, and the same proceedings are to be had as if he were personally served with notice. The third title of the fifth chapter, p. 315 relates to the partition of lands. The petitioners and other parties, must hold and be in possession of the premises. In case of a default of the defendants, the petitiouers are to exhibit proof of their title, and an abstract of the conveyances by which it is held. The proof may be taken by the court or by the clerk on a reference, and it is to be filed together with...show more

Product details

  • Paperback | 58 pages
  • 189 x 246 x 3mm | 122g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236992717
  • 9781236992710