Harpending v. Minister, Elders, & Deacons of the Reformed Protestant Dutch Church
Supreme Court of the United States
ON appeal from the Circuit Court of the United States for the southern district of New York. On'the 25th of March, 1839, the appellants filed a bill in the Circuit Court of the United States for the southern district of New York, they being citizens of other states than the state of New York; stating that, prior to September, 1696, John H. Haberdinck, of the city of New York, with four others, wás seised in fee of the “ Shoemaker’s fields or'lands,” a tract of about sixteen…
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ON appeal from the Circuit Court of the United States for the southern district of New York. On'the 25th of March, 1839, the appellants filed a bill in the Circuit Court of the United States for the southern district of New York, they being citizens of other states than the state of New York; stating that, prior to September, 1696, John H. Haberdinck, of the city of New York, with four others, wás seised in fee of the “ Shoemaker’s fields or'lands,” a tract of about sixteen acres in the city of Néw York; and that in the same -year partition of the same was made, and Haberdinck became seised…
1Opinion of the CourtJustice Catron
The respondents rested their défence below on a plea in bar; that they had been in actual adverse possession of the premises, in regard to which they are asked to account and make discovery, for forty years next .before filing of the bill. The plea was sustained ; and from the decree there was an .appeal presented to this Court by the complainants.
1. They insist the plea is bad in form: and
2. Insufficient in substance.
The first objection to the form of the plea is, that it does not rely on twenty years’ adverse possession, but on forty years; twénty years beiftg the time of holding adversely…
2Cases cited2 opinions
- Green v. Lessee of NealSupreme Court of the United States · 1832
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
3Cited by33 opinions
- Bauserman v. BluntSupreme Court of the United States · 1893
- Davie v. BriggsSupreme Court of the United States · 1878
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
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