Jackson ex dem. Colton v. Harper
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff deduced title to the premises in question, being part of lot No. 78 in the Canastola tract, in the town of Lenox, by the production of a deed from Barnharcll Jfellis to Toleration II.
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This was an action of ejectment, tried at the Madison circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges. The lessor of the plaintiff deduced title to the premises in question, being part of lot No. 78 in the Canastola tract, in the town of Lenox, by the production of a deed from Barnharcll Jfellis to Toleration II. Hiding, bearing date 1st October, 1834, containing a covenant of warranty, and a quitclaim deed from Hiding to him, bearing date 1 Sth May, 1837; and proved that in the spring and fall of 1828, the defendant acknowledged himself the tenant of…
1Opinion of the Court
*248 By the Court,
Sutherland, J.
The evidence establishes the fact that the defendant entered into possession of the premises in question, as tenant., under Earnhardt Nellis, and continued to hold under and acknowledge that title down to the fall of 1828. Nothing is better settled, as a general rule, than that a tenant cannot deny the title of his landlord ; and the acknowledgment by a defendant that he went into possession under the title of the lessor of the plaintiff, is sufficient to enable the plaintiff to recover. Jackson v. Dobbin, 3 Johns. R. 223, 225, note a. Jackson v. Leeson, 3 id. 499.…
2Cited by17 opinions
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- Keelikolani v. RobinsonHawaii Supreme Court · 1862
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