Barker v. Henry Steers, Inc.

Headnote

Ejectment — adverse possession — possession under tax leases.

Barker v. Steers, Inc., 184 App. Div. 910 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 29, 1918, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was in ejectment to recover possession of certain lands in the town of White Plains, and for damages, the complaint

alleging that defendants had unlawfully entered thereon, committed waste and withheld possession from the plaintiff. Defendant City and County Contract Company denied plaintiff’s title and itself claimed title by adverse possession and right of possession under certain tax leases. The other defendants denied plaintiff’s title and rested their rights upon title of defendant Contract Company. The referee, to whom the issues were referred, having found in favor of the plaintiff upon the question of title and having decided that the tax leases were void, a stipulation was entered into by the parties to the effect that the action should thereafter proceed as if proceedings by the railroad company had been begun to condemn the premises under the General Condemnation Act, and referring the question of the value of the premises to the same referee. The judgment appealed from was for the damages found under such stipulation.