Jackson ex dem. Stewart v. Kingsley
New York Supreme Court
THIS was an action of ejectment, to recover lot No. 4. in M’Key’s patent, in the town of Worcester, in Otsego county, tried before Mr. Justice Platt, at the Otsego circuit, in 1818, At the trial, the plaintiff proved, that a notice had been duly served on the defendant’s attorney, to produce, at the trial, a lease, in perpetuity, from James V. Romayne to the lessor of the plaintiff, or that parol evidence would be given of its contents.
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THIS was an action of ejectment, to recover lot No. 4. in M’Key’s patent, in the town of Worcester, in Otsego county, tried before Mr. Justice Platt, at the Otsego circuit, in 1818, At the trial, the plaintiff proved, that a notice had been duly served on the defendant’s attorney, to produce, at the trial, a lease, in perpetuity, from James V. Romayne to the lessor of the plaintiff, or that parol evidence would be given of its contents. The defendant, accordingly, produced a lease of the premises in question, dated the 15th of January, 1801, executed by Romayne and the lessor of the…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. In Betts v. Badger, (12 Johns. Reg. 223.) we laid down this rule, that if the party producing an instrument, on notice, is one of the parties to the instrument, the custody of the paper affords high presumptive evidence that he holds it as a muniment, and, prima facie, it is sufficient proof of the execution. The same rule was adopted by the Court of Common Pleas in England, in Pearce v. Hooper, (3 Taunt. 60.) In that case the chief justice observed, “ the mere possession of an instrument does not dispense with the necessity which lies on…
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