Bradstreet v. Clarke
New York Supreme Court
Wiiit of right. This was a writ of right prosecuted by the demandant for the recovery of an equal undivided fourth part of certain premises, part of lot No. 32, in the Springfield patent, situate in the county of Otsego, tried at the circuit in that county, in March, 1832, before the Hon. Robert Mo-nell, one of the circuit judges. The demandant gave in evidence the following documents : First.
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Wiiit of right. This was a writ of right prosecuted by the demandant for the recovery of an equal undivided fourth part of certain premises, part of lot No. 32, in the Springfield patent, situate in the county of Otsego, tried at the circuit in that county, in March, 1832, before the Hon. Robert Mo-nell, one of the circuit judges. The demandant gave in evidence the following documents : First. Letters patent to John Groesbeck and others, bearing date November, 4, 1741, granting a certain tract of land called the Springfield patent, reserving quit-rents. Second. A warrant from the then chief…
1Opinion of the Court
By the Court,
Sutheeland, J.
A writ of right is the highest writ in the law, and lies not for the recovery of any estate less than afee simple. 3 Black. Comm. 193. Booth on Real Act. 84. It regards the legal estate only, and has nothing to do with mere equitable interests. Even in the possessory action of ejectment, the legal title always prevails ; much more in this action, (which is brought after the ordinary possessory remedies are lost by lapse of time or otherwise,) in which the right of possession can be established only by showing a full and absolute right of property. Our inquiry then…
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