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150 A.D. 918

Michels v. Levy

Appellate Division of the Supreme Court of the State of New York · decided 1912-05-15

<p>Real property— cemetery lot— ejectment —proof of title.'</p>

Decided 1912-05-15

Per Curiam :

¶1The burden of proof was upon the plaintiffs to establish title to the plot in question, from which they are seeking to eject the defendant. This they have failed to do. The judgment must, therefore, be reversed and a new trial ordered, with costs to appellant to abide event. Present—Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ.; Laughlin, J., dissenting.

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