Phelan v. Kelley
New York Supreme Court
This was an action of ejectment, tried at the Schenectady circuit in October, 1839, before the Hon. John P. Cushman, one of the circuit judges. The suit was brought for the recovery of an undivided sixth part of certain premises whereof it was alleged that Richard Bond, the father of Angelica, the wife of Edward Phelan, the plaintiff in this cause, died seized.
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This was an action of ejectment, tried at the Schenectady circuit in October, 1839, before the Hon. John P. Cushman, one of the circuit judges. The suit was brought for the recovery of an undivided sixth part of certain premises whereof it was alleged that Richard Bond, the father of Angelica, the wife of Edward Phelan, the plaintiff in this cause, died seized. Angelica *is one of six children, and heirs at law [ *390 ] of Richard Bond, who, as long since as 1767 or 1768, was in possession of about 170 acres of land: 70 acres lying in the patent of Gurrybush, and 100 acres in a tract of land…
1Opinion of the Court
By the Court,
Nelson, C. J.
R. Bond, the elder, was in possession and *299occupation of the premises in question, claiming title as early as 1767, and continued such possession down to about 1780, when he left the country. In some of the previous cases which have been before us relative to this property, it appeared that he went to Canada, and joined the British. He left a wife and six children in possession, who lived together on the farm until the daughters were married. The wife of the plaintiff was the youngest, and married about 1787. The father died about 1790. Thus it appears, that the…
2Cited by18 opinions
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- Knolls v. . BarnhartNew York Court of Appeals · 1877
- Forder v. DavisSupreme Court of Missouri · 1866
- Wright v. TichenorIndiana Supreme Court · 1885
- Wheeler v. TaylorOregon Supreme Court · 1898
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