Jackson ex dem. Lowell v. Parkhurst
New York Supreme Court
This was an action of ejectment brought for the recovery of about one acre of land, tried at the Livingston circuit in October, 1828, before the Hon. John Birdsall, than one of the circuit judges. The plaintiff shewed title to the premises in question under a sheriff’s sale by virtue of an execution against one Ezekial Fox, who was in possession of the premises for 12 or 13 years previous and up to the spring of 1827, claiming to be the owner.
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This was an action of ejectment brought for the recovery of about one acre of land, tried at the Livingston circuit in October, 1828, before the Hon. John Birdsall, than one of the circuit judges. The plaintiff shewed title to the premises in question under a sheriff’s sale by virtue of an execution against one Ezekial Fox, who was in possession of the premises for 12 or 13 years previous and up to the spring of 1827, claiming to be the owner. On the part of the defendant, it was shewn that Fox claimed title to the premises under one James Sterling. A deed from Samuel Selden to Jacob Egberts,…
1Opinion of the Court
By the Court,
Sutherland, J.
Both parties deriving their title through Janies Sterling, it would seem to be immaterial to the decision of this cause, whether the deeds from Samuel Selden to Jacob Egberts, and from Egberts to Riggs, which were offered in evidence by the defendant, were properly excluded by the judge or not. When those deeds were offered in evidence, the plaintiff had showed nothing but a title by possession for 12 or 13 years in Ezekiel Fox. The defendant then proved that Fox, when in possession, claimed title to the premises under James Sterling, and offered the deeds in…
2Cases cited1 opinion
- Jackson ex dem. M'Crea v. DunlapNew York Supreme Court · 1799
3Cited by25 opinions
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- Pursley v. HayesSupreme Court of Iowa · 1867
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- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
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