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People v. Blanchard

280 A.D. 1027 Court N.Y. App. Div. Decision date 1952-11-19 English

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p. 1027
The People of the State of New York, Appellant, v. Earl J. Blanchard, Individually and as Executor of Lucy Blanchard, Deceased, Respondent, et al., Defendants. (Action No. 1.) The People of the State of New York, Appellant, v. Arthur Blanchard et al., Defendants, and Earl J. Blanchard, Intervener, Respondent. (Action No. 2.) The People of the State of New York Appellant, v. William Payne et al., Defendants, and Earl J. Blanchard, Respondent. (Action No. 3.)

Appeals by plaintiff from a summary judgment entered in Supreme Court, Fulton County, in favor of defendant in Action No. 1, from an order denying plaintiff's cross motion of similar relief and from collateral orders relating thereto. The actions are in ejectment. In Action No. I, the State claims title to certain Adirondack lands which have been occupied by defendant and his predecessors for many years. Defendant also asserts title. The judgment appealed from recites the facts in detail and recites the long history of this litigation. The record supports the judgment. The orders and judgment are affirmed, with one bill of costs to respondent in Action No. 1. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no pai’t. [See 281 App. Div. 786 .]