Jackson ex dem. Garnsey v. Pike
New York Supreme Court
Ejectment, for two small adjoining pieces of ground; one covered by a stable, and the other by hay-scales; the „ , . „ , - , „ . , , former being part of the two acre lot alleged to have been conveyed by the lessor of the plaintiff, for the purpose of having the Chenango court-house built upon it, and on part of which the court-house was built.
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Ejectment, for two small adjoining pieces of ground; one covered by a stable, and the other by hay-scales; the „ , . „ , - , „ . , , former being part of the two acre lot alleged to have been conveyed by the lessor of the plaintiff, for the purpose of having the Chenango court-house built upon it, and on part of which the court-house was built. The cause was tried at the Chenango circuit, January ° * v 31st, 1827, before Nelson, C. Judge. . At the trial, the evidence to show that the defendant was in possession of the hay-scales, was, that he had removed them from the place where the stable…
1Opinion of the Court
Curia, per Savage, Ch. J.
There was no evidence to show the defendant in possession of the hay-scales. In the fall of 1825, they stood where the stable now stands. The defendant then removed them into an enclosed field of the lessor of the plaintiff; and has not since occupied them! It was correctly held that the defendant was not in possession.
*As to the stable, it stands on a lot of two acres, conveyed by the lessor of the plaintiff to the supervisors of Chenango county ; and whether the plaintiff is entitled to recover depends upon the validity of the conveyance. The deed is, “ that the…
2Cases cited4 opinions
- Jackson ex dem. Salisbury v. FishNew York Supreme Court · 1813
- Grout v. TownsendNew York Supreme Court · 1845
- Jackson ex dem. Hudson v. AlexanderNew York Supreme Court · 1808
- Willson v. BettsNew York Supreme Court · 1847
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