Bennett v. Garlock
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. If, by the trust deed of May 24, 1808, the plaintiff became vested with a future or expectant estate in said lands, whether legal or equitable, then a title by adverse possession against such estate during the continuance of the life estates was impossible, for the law is well settled that no possession can be deemed adverse to a party who has not, at the…
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Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. If, by the trust deed of May 24, 1808, the plaintiff became vested with a future or expectant estate in said lands, whether legal or equitable, then a title by adverse possession against such estate during the continuance of the life estates was impossible, for the law is well settled that no possession can be deemed adverse to a party who has not, at the time, the right of entry and possession. (Webster v. Cooper, 14 How. [H. S.], 488; Ca/rrer v. Jackson d. Astor, 4 Peters, 1;…
1Opinion of the Court
Talcott, J.:
This is an appeal from a judgment rendered at the Circuit Court in Herkimer county, after a trial by the court without a jury. The action is ejectment, to recover an undivided third part of great lot No. 19 in Cosby’s manor, in the town of Erankfort, Herkimer county, and was commenced on the 21st day of October, 1814.
The case commences with the statement that the plaintiff proved that Martha Codd, wife of Matthew Codd, was, on the 24th day of May, 1808, the owner in fee simple of the premises described in the complaint, subject to the marital rights of her husband, and that she…
Also in this document: Concurrence.
2Cases cited11 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Moore v. LittelNew York Court of Appeals · 1869
- Moore v. LyonsNew York Supreme Court · 1840
- Lawrence v. BayardNew York Court of Chancery · 1838
- Jackson ex dem. Hardenbergh v. SchoonmakerNew York Supreme Court · 1809
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