Main v. Green
New York Supreme Court
rpHIS action was ejectment, brought to recover of the de.1 fendant about 28 acres of land, in Petersburgh, Bensselaer county. It was alleged and proved that on the 2d day of April, 1793, a deed was made, by and between Stephen Van Bensselaer, as party of the first part, and Jonathan Irish and Augustus Sheldon, as parties of the second part.
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rpHIS action was ejectment, brought to recover of the de.1 fendant about 28 acres of land, in Petersburgh, Bensselaer county. It was alleged and proved that on the 2d day of April, 1793, a deed was made, by and between Stephen Van Bensselaer, as party of the first part, and Jonathan Irish and Augustus Sheldon, as parties of the second part. By that deed the party of the first part granted, bargained, sold, remised, released and confirmed to the parties of the second part two lots of land, one of sixty-three acres, and the other of eighteen and eight-tenths: to have and to hold to the parties…
1Opinion of the Court
By the Court,
Hogeboom, J.
Several of the questions discussed at har seem to have been expressly adjudicated either in this court or the court of appeals. So far as they have been so, they must be deemed at rest, and not open to further discussion. There must be a period when discussion shall cease, and decision shall be practically conclusive, not merely between the parties to the particular suit, but as a precedent and a rule of action for other cases.
The case of Van Rensselaer v. Ball, (19 N. Y. Rep. 100,) was in all material respects, except a single particular, like the present case. It…
2Cases cited19 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Gardner v. HearttNew York Supreme Court · 1846
- Van Rensselaer v. . HaysNew York Court of Appeals · 1859
- Astor v. MillerNew York Court of Chancery · 1830
- Lush v. DruseNew York Supreme Court · 1830
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3Cited by5 opinions
- Barnes v. BartlettIndiana Supreme Court · 1874
- Main v. . CooperNew York Court of Appeals · 1862
- Main v. CooperNew York Court of Appeals · 1862
- Pierce v. KeatorNew York Supreme Court · 1877
- Stuyvesant v. GrisslerThe Superior Court of New York City · 1868