Jackson, ex dem. Humphrey v. Given
New York Supreme Court
THIS was an action of ejectment, to recover the possession of lot No. 30. in the town of Dry den, in Cayuga county. The cause was tried befóle Mr. Chief Justice Kent, at the Cayuga circuit, the 12th June, 1810. The plaintiff read in evidence letters patent from the , peoplc of the state, dated July 8, 1790, granting the , . . , , , TT lot in question to Atxcander Umphrey, one of the lessors, ckc. for his services as a soldier in the army, &c.; a deed from the patentee, in…
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THIS was an action of ejectment, to recover the possession of lot No. 30. in the town of Dry den, in Cayuga county. The cause was tried befóle Mr. Chief Justice Kent, at the Cayuga circuit, the 12th June, 1810. The plaintiff read in evidence letters patent from the , peoplc of the state, dated July 8, 1790, granting the , . . , , , TT lot in question to Atxcander Umphrey, one of the lessors, ckc. for his services as a soldier in the army, &c.; a deed from the patentee, in Upper Canada, dated 5th February, 1795, for the consideration of 200 dollars, to Samuel Umphrey, which was proved and…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. 1. When Williams purchased of the patentee, in August, 1804, Atkinson, and those in possession under him, held the lot adversely, under a false title derived from a fraudulent source, and not from the real patentee. But as Williams's title was afterwards purchased in, by Masters, for the benefit of Atkinson, and those in possession under him, the lessors of the plaintiff cannot setup, against those very tenants, that adverse possession to defeat the purchase by Williams. The defendants have a right to protect themselves under that title, equally…
2Cited by18 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Hall v. LivingstonCourt of Chancery of Delaware · 1869
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
- Fort v. BurchNew York Supreme Court · 1848
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