Jackson ex dem. Davy v. De Walts
New York Supreme Court
THIS was an action of ejectment, for land in the Springfield patent. The cause was tried at the Otsego circuit, in June last, before Mr. Justice Spencer. At the trial, the plaintiff proved that Thomas Davy purchased the lot in question, in 1771, and possessed it until 1777, when he died. The lessor of the plaintiff was his only son and heir at law.
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THIS was an action of ejectment, for land in the Springfield patent. The cause was tried at the Otsego circuit, in June last, before Mr. Justice Spencer. At the trial, the plaintiff proved that Thomas Davy purchased the lot in question, in 1771, and possessed it until 1777, when he died. The lessor of the plaintiff was his only son and heir at law. His widow, and son, and a daughter, (who was the wife of the defendant,) abandoned the place during the war; and, afterwards, the widow and family returned and took, possession, the lessor of the plaintiff being still a minor. The widow, about 19…
1Per curiam
The widow must be considered as entering as guardian, in socage, to her infant son, the lessor of the plaintiff. This is the legal intendment, especially as there was no act or declaration of the wife, inconsistent with that character. (1 Johns. Rep. 163.) The plaintiff showed title, and the defendant having-entered under that title, and with permission of the guardian of the plaintiff, cannot be permitted to set up *159a title in a third person, in contradiction to the title under which he entered. (4 Johns. Rep. 210.) The motion to set aside the verdict must be denied.
Motion denied.
2Cited by4 opinions
- Matter of Application of Mary E. HynesNew York Court of Appeals · 1887
- Sylvester v. RalstonNew York Supreme Court · 1859
- Anderson v. DarbySupreme Court of South Carolina · 1818
- Tufts v. TuftsU.S. Circuit Court for the District of Massachusetts · 1847