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1 Kate T. Barto, as Administratrix, etc., Plaintiff, agst. The Tompkins County National Bank, Defendant 1878

handle is hein.trials/abde0001 and id is 1 raw text is: TOMPKINS COUNTY. GENERAL TERM-THIRD DEPARTMENT. K ATE T. B ARTO, As A D MINISTR AT RI x Et c agst. L T.HE TOMPKINS COUNTY NATIONAL BANK. DEFENDANT'S POINTS. Upon the statement of facts, submitted to the Court, in this action, the defendant claims, that it is seized of the premises described therein, and entitled to retain the possession thereof, for the reason, that as against it, the prior deed from Nicoll Halsey to Warren Halsey, through which the plaintiff's title is derived, is void, under the provisions of the Recording Act. FIRST. The conveyance, to the defendant, is protected by the Recording Act, although it was made upon a sale of the same premises mentioned in the prior deed, in proceed- ings instituted in the Surrogate's Court after Nicoll Hal- sey's death, to sell his real estate for the payment of his debts, (case fol. 32-34 1) and in this respect, it is to be

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