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BD. OF EDUC. v. MILES

15 N.Y.2d 364 (1965)

Board of Education of Central School District No. 1 of the Towns of Walton, Hamden, Tompkins, Franklin and Sidney, Delaware County, Respondent, v. Eugenia T. Miles et al., Appellants.

Court of Appeals of the State of New York.

Decided April 15, 1965.

Attorney(s) appearing for the Case

Israel Margolis for appellants.

Keith E. Osber and Paul F. Eaton for respondent.

Judges DYE, BURKE and SCILEPPI concur with Judge VAN VOORHIS; Chief Judge DESMOND and Judge FULD dissent and vote to affirm upon the opinion at the Appellate Division; Judge BERGAN taking no part.

VAN VOORHIS, J.

The defendants appeal on constitutional grounds from a judgment entered on a submission of controversy, declaring defendants barred from all right, title or interest in real property in the Village of Walton, Delaware County, and that plaintiff is vested with title thereto in fee simple absolute.

On May 11, 1854 there was recorded in the Delaware County Clerk's office a deed from John...

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