Jackson ex dem. Sternberg v. Shaffer
New York Supreme Court
THIS was an action of ejectment, brought to recover a piece ef land in lot No. 27. in the patent granted to Abraham Van Horne and others, and another piece of six acres adjoining, in lot No. 11. in the same patent, in the town of Minden. The cause was tried at the Montgomery circuit, in September, 1813, before Mr. Justice Yates.
Read the full summary
THIS was an action of ejectment, brought to recover a piece ef land in lot No. 27. in the patent granted to Abraham Van Horne and others, and another piece of six acres adjoining, in lot No. 11. in the same patent, in the town of Minden. The cause was tried at the Montgomery circuit, in September, 1813, before Mr. Justice Yates. The plaintiff, at the trial, gave in evidence a judgment in the Montgomery court of C. P., in favour of John C. Ehle against Peter Borst, juu. for 220 dollars and 50 cents, docketed February 1st, 1802, an execution thereon, and a deed from the sheriff, under a sale on…
1Opinion of the CourtVan Ness, J.
The plaintiff having, in the first place, shown a sufficient title to the six acres, and fifty acres, described in the case, he isj entitled *516to recover both, unless the Kanes, under whom the defendant novv holds, acquired a paramount title, in virtue of the sale made under their judgment, against the JEuders and Borst; and this is the only question in the cause.
The lot of six acres,was never subject to be sold under that judgment, because it never belonged to Borst; nor is it even included in the deed from the sheriff to the Kanes, so that the taking possession of it, under the hab.fac.poss.…
2Cited by38 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Barry v. . LambertNew York Court of Appeals · 1885
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Schmeltz v. GareyTexas Supreme Court · 1878
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
33 more not listed; retrieve them via the Exa API.