Kellogg v. Kellogg
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit in July, 1848, before Justice Gridley. The declaration contained three counts. In the first count the premises were claimed as belonging to the plaintiff Pearl Kellogg, in fee. In the 2d count the plaintiffs Lester Barker, Rufus Mills and Alonzo Bradner claimed an undivided seven-elevenths and two-thirds of one-eleventh part of the premises, in fee.
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This was an action of ejectment, tried at the Oneida circuit in July, 1848, before Justice Gridley. The declaration contained three counts. In the first count the premises were claimed as belonging to the plaintiff Pearl Kellogg, in fee. In the 2d count the plaintiffs Lester Barker, Rufus Mills and Alonzo Bradner claimed an undivided seven-elevenths and two-thirds of one-eleventh part of the premises, in fee. And in the 3d count the plaintiff Pearl Kellogg claimed an undivided two-elevenths of the premises described, in fee. The plea was the general issue. On the trial, the plaintiffs gave in…
1Opinion of the Court
By the Court, Allen, J.
The plaintiff, Pearl Kellogg, when the evidence was closed on the part of the plaintiffs, was entitled to a verdict for the whole premises, in fee, under the first count in the declaration. The evidence showed the defendant in possession of the premises at the time of the recovery of a judgment against him, by virtue of an execution issued, upon which the premises were afterwards sold, and a continued possession in him from that time to the time of the commencement of the suit, and that Pearl Kellogg had acquired the title of the defendant under the sale upon that…
2Cases cited13 opinions
- Jackson v. BradtNew York Supreme Court · 1804
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Holmes v. SeelyNew York Supreme Court · 1837
- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
- Day v. AlversonNew York Supreme Court · 1832
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3Cited by14 opinions
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- Hasbrouck v. . BunceNew York Court of Appeals · 1875
- Parkersburg National Bank v. NealWest Virginia Supreme Court · 1886
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