Bennett v. . Garlock
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and granting a new trial. (Reported below, 10 Hun, 288.) This was an action of ejectment to recover possession of the undivided third part of certain lands in the town of Frankfort, Herkimer county.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury, and granting a new trial. (Reported below, 10 Hun, 288.) This was an action of ejectment to recover possession of the undivided third part of certain lands in the town of Frankfort, Herkimer county. The plaintiff claimed as a remainderman under a deed of trust, executed by her parents, Matthew Codd and Martha, his wife, in 1808. The defendant claimed title by adverse possession under a tax sale…
1Opinion of the CourtDanforth, J.
Upon the facts found and conceded the plaintiff is entitled to recover the premises in question, unless they were held adversely for twenty years before the commencement of the action. This was the defense spread out in the answer and relied upon at the trial. The trial court found and there was evidence to sustain the finding that the person under whom the defendant claimed, on the 26th day of March, 1842, entered into possession of the premises under claim of title exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question,…
2Cases cited4 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Anderson v. . MatherNew York Court of Appeals · 1870
- Nicoll v. WalworthNew York Supreme Court · 1847
- Eagle v. FoxNew York Supreme Court · 1858
3Cited by17 opinions
- Demorest v. City Bank Farmers Trust Co.Supreme Court of the United States · 1944
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Holmes v. WalterWisconsin Supreme Court · 1903
- King v. . RhewSupreme Court of North Carolina · 1891
- Mott v. . EnoNew York Court of Appeals · 1905
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