Legal Opinion

Jackson, ex dem. Butler v. Gardner

New York Supreme Court

Decided October 15, 1811PublishedCited by 14 opinions

THIS was an action of ejectment, for part of lot No , , . , , , r i , 98. together with the waters and banks or the creek or stream running through it, for the use of the mills, in the toWn of Manlius, in the county of Onondaga. The cause was tried before Mr. justice Tales, at the Onondaga circuJt in June last.

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THIS was an action of ejectment, for part of lot No , , . , , , r i , 98. together with the waters and banks or the creek or stream running through it, for the use of the mills, in the toWn of Manlius, in the county of Onondaga. The cause was tried before Mr. justice Tales, at the Onondaga circuJt in June last. The following evidence was given, on the part of the plaintiff» 1- A power of attorney from James Hamilton, dated the 12th December, 1793, to Adam Wood, authorizing ^'lm to demand and sue for a set of grist-mill irons and . 0 other articles in the possession of Phineas Stephens and . ,…

1Per curiam

The claim of Wood to the premises is founded on the supposed lease of the 12th of December, 3793, and the lease of the 29th of January, 1794. He shows no other title than what one or the other of these leases may give him.

1. As to the lease of 1793. This lease was voluntarily surrendered by Wood to, the agent of Hamilton, the lessor, and destroyed on the 29th of January, 1794, when he accepted of a new lease.. Admitting that this lease was not surrendered, in due form of law, according to the requisition of the statute of frauds, so as to devest Wood of his interest under it, yet the…

2Cited by14 opinions

  1. Taft v. TaftMichigan Supreme Court · 1886
  2. Blackman v. . StrikerNew York Court of Appeals · 1894
  3. Grant v. City of DavenportSupreme Court of Iowa · 1865
  4. Muller v. BoggsCalifornia Supreme Court · 1864
  5. Hayes v. New York Gold Mining Co.Supreme Court of Colorado · 1874

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