Walker v. . Dunspaugh
New York Court of Appeals
Appeal from the Supreme Court. Ejectment tried at the Columbia Circuit. There was no documentary evidence on either side. Both parties relied on admissions and other parol evidence. The facts are sufficiently stated in the following opinion. The plaintiffs had a verdict and judgment, which having been affirmed at general term in the third district, the defendant appealed to this court.
1Opinion of the CourtDenio, J.
Ejectment for a school-house lot, the complaint m one count claiming the title in fee and in the other for the life of one James Ketchum.
The plaintiffs proved that the school-house standing on the lot was erected forty years before the trial, and that it had been occupied for the district school from that time until the 20th of April, 1855, when the defendant took possession of it and locked it up. On the cross-examination of one of the plaintiffs’ witnesses, who had been examined by them to prove the possession, the defendant’s counsel asked him this question: ‘1 Have some of the trustees…
2Cases cited1 opinion
- Terry v. . ChandlerNew York Court of Appeals · 1857
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- Snyder v. SnyderIndiana Supreme Court · 1875
- Toumey v. StateMississippi Supreme Court · 1872
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