Jackson ex dem. Eden v. Varick
New York Supreme Court
Ejectment for lot Mo. 13 Massau street, in the 5th. - n _T . . ward of the city of New York; tried at the New York circuit, June 29th, 1826, before Edwards, C. Judge. riie trial, the plaintiff claimed under a devise to Eachel Eden, one of the lessors.
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Ejectment for lot Mo. 13 Massau street, in the 5th. - n _T . . ward of the city of New York; tried at the New York circuit, June 29th, 1826, before Edwards, C. Judge. riie trial, the plaintiff claimed under a devise to Eachel Eden, one of the lessors. This devise was from Medcef Eden the younger, dated July 3d, 1819. The testator devised his whole real estate to his wife Eachel, the lessor, durante mduiiate; and, upon her death Or marriage, to John Pelletreau for life, remainder to her three daughters in fee. The plaintiff gave proof of the devisor’s *title; and of the execution of his will,…
1Opinion of the Court
Curia, per Woodworth, J.,
(after considering the questions of fact, and remarking that they were properly found in favor of the plaintiff.) Pelletreau was properly admitted to his cross-examination, as a competent witness for the plaintiff. He was introduced and sworn generally, by the defendants; being, (as they contend,) interested to testify against them.[1] They could not. afterwards question either his competency or credibility.
*242This view of the case, disposes of all the objections raised' by the defendants, except the single one upon the validity of the devise from Medcef Eden, the…
2Cases cited5 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Fulton Bank v. StaffordNew York Supreme Court · 1829
- Bogert v. BogertNew York Court of Chancery · 1834
- Smith ex dem. Roosevelt v. Van DursenNew York Supreme Court · 1818
3Cited by13 opinions
- Rush v. FrenchArizona Supreme Court · 1874
- Young v. MontgomeryIndiana Supreme Court · 1903
- Hanrahan v. . New York Edison Co.New York Court of Appeals · 1924
- Upington v. CorriganNew York Supreme Court · 1894
- Carpenter v. GinderWisconsin Supreme Court · 1853
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