Jackson v. Mancius & Van-Derheyden
New York Supreme Court
This was an action of ejectment, commenced in May term, 1827, tried at the Albany circuit, in February, 1828, before the Hon. William A. Duer, one of the circuit judges. The lessor of the plaintiff deduced title to the premises in question, by proving his descent from Johannes Beelnnan, who occupied the premises in his life time, and died in possession of the same in the year 1756. He left two sons and two daughters.
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This was an action of ejectment, commenced in May term, 1827, tried at the Albany circuit, in February, 1828, before the Hon. William A. Duer, one of the circuit judges. The lessor of the plaintiff deduced title to the premises in question, by proving his descent from Johannes Beelnnan, who occupied the premises in his life time, and died in possession of the same in the year 1756. He left two sons and two daughters. The sons died at an early age, previous to 1760. The eldest daughter, named Caty, married a British officer of the name of Bain; and the youngest, Eve, sometime before the…
1Opinion of the Court
By the Court, Savage, C. J.
The occupation of the premises by Johannes Beekman before and until his death, and by his family for seventeen years before the marriage of Eve with John McCrea, are, prima facie, sufficient to shew *363that the title, or, at any rate, the right of possession, was in the Beekmans. Whatever interest Johannes Beekman had in the premises became vested in Eve, his daughter, as the last survivor. The marriage of John McCrea with Eve, and the birth of a child, gave him an interest in the premises as tenant by the curtesy initiate. The lessor of the plaintiff shews no paper…
2Cases cited2 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
3Cited by17 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Partenfelder v. . PeopleNew York Court of Appeals · 1914
- Scott v. FairlieSupreme Court of Florida · 1921
- Broome v. KingSupreme Court of Alabama · 1846
- Beaty v. ClymerCourt of Appeals of Texas · 1903
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