Van Alstyne v. Spraker
New York Supreme Court
These were actions of ejectment, tried at the Montgomery circuit before the Hon. Eseic Cowen, one of the circuit judges—the first cause in May, 1833, the second having been previously tried in November, 1832. In theirs# above entitled cause,the plaintiffs,rightofthe wife,as one of the heirs at law of Cornelius M. Van Alstyne, deceased, claimed to recover an undivided part of the premises in question.
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These were actions of ejectment, tried at the Montgomery circuit before the Hon. Eseic Cowen, one of the circuit judges—the first cause in May, 1833, the second having been previously tried in November, 1832. In theirs# above entitled cause,the plaintiffs,rightofthe wife,as one of the heirs at law of Cornelius M. Van Alstyne, deceased, claimed to recover an undivided part of the premises in question. Cornelius M. Van Alstyne died seized of the premises in question in 1791 or 1792, leaving three sons and two daughters, one of which daughters was the wife of the plaintiff, Van Alstyne. One of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It has already been decided that a plaintiff in ejectment may recover a less estate than he claims in his declaration ; and that when he claims the whole, a verdict may be rendered for him for an undivided part. Whether an ouster was sufficiently proved in the case against George Spraker may be doubtful, but propably more proof would have been given, had not the judge nonsuited the plaintiff, upon the ground that he must recover a fee, or nothing. The main question, that is, whether the sons of the testator, Martin and Cornelius, took under the will an estate in fee…
2Cases cited1 opinion
- Morrison v. SempleSupreme Court of Pennsylvania · 1813
3Cited by7 opinions
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- Burlingham v. BeldingNew York Supreme Court · 1839
- Lippen v. EldredNew York Supreme Court · 1848
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