Jackson ex dem. Dill v. Tyler
New York Supreme Court
Tins was an action of ejectment, for land in the town .of Aurelius, county of Cayuga. The cause was tried be-*"ore ^1'- Justiee Livingston, at the Cayuga circuit court, the 9th day of'June, 1806. The defendant confessed , .. l^ase, entry, and ouster 5 and it was proved that he was Possess’lon of tlle premises claimed. The plaintiff gave in evidence, in support of his title, a patent to one of ^le ^essors plaintiff, for the premises in question, and there rested his cause.
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Tins was an action of ejectment, for land in the town .of Aurelius, county of Cayuga. The cause was tried be-*"ore ^1'- Justiee Livingston, at the Cayuga circuit court, the 9th day of'June, 1806. The defendant confessed , .. l^ase, entry, and ouster 5 and it was proved that he was Possess’lon of tlle premises claimed. The plaintiff gave in evidence, in support of his title, a patent to one of ^le ^essors plaintiff, for the premises in question, and there rested his cause. The defendant then produ- , . „ . _ , . . 1 ced RR award ot the Onondaga commissioners, made on the 13th day °f ®ecember’…
1Opinion of the CourtSpencer, J.
The plaintiff was nonsuited on the trial, on the principle that a notiee to quit ought to have been given to the defendant, prior to the commencement of the suit. *It is to be inferred from the case, that the defendant, ten or twelve years before the trial, entered on the premises, without any permission from the lessors of the plaintiff. About six years before the trial, Robert Dill, one of the lessors, and who appears to have been entitled only to four sevenths of the land claimed, told the defendant to continue On the land and work it as his own, and that he would sell the same to him.…
2Cited by3 opinions
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