Jackson ex dem. Campbell & Reade v. Holloway
New York Supreme Court
THIS was an action of ejectment. The cause was tried at the Duchess circuit, in August, 1809, before Mr. Justice Spencer.
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THIS was an action of ejectment. The cause was tried at the Duchess circuit, in August, 1809, before Mr. Justice Spencer. A verdict was taken for the plaintiff, subject to the opinion of the court, on the following case: The plaintiff gave in evidence, a lease, duly executed and acknowledged, for 187 acres of land, in the town of Pawlins, including the premises in question, dated the 26th of April, 1806, from John Reade, and Catharine, his wife, one of the lessors of the plaintiff, to Archibald Campbell, the other lessor, for the lives of Justus Holloway, the defendant, William Holloway, his…
1Opinion of the CourtThompson, J.
The defendant claims title to the premises, under a lease from John Reade to William Holloway, dated in the year 1796. John Reade, however, had only a life-estate; the fee being in his wife, Catharine, who is one of the lessors. The other lessor, Campbell, claims title under a lease from John Reade and Catharine, his wife, dated in the year 1806, duly acknowledged by them. John Reade has since died, and his widow has accepted rent from the defendants.
If we are to examine and decide this case upon the score of English authority, as the counsel seem to have argued it, the question before us…
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