Valentine v. Northrop
New York Supreme Court
This was an action of ejectment, tried at the Oswego circuit in June, 1832, before the Hon. Nathan Williams, then one of the circuit judges.
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This was an action of ejectment, tried at the Oswego circuit in June, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The plaintiffs showed title to four ninths of the premises in question, as the children and heirs at law of Nathan Fish, and proved that the defendant held under a title derived from five other children and heirs of Nathan Fish; and also, that the defendant claimed the whole premises as his own, and had offered to sell the same, and on being reminded that all the heirs of Fish had not signed the deed through which his title was derived, said he presumed…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The revised statutes declare, that if the action of ejectment be brought by tenants in common against their co-tenants, they shall, in addition to other necessary evidence, prove that the defendants ousted the plaintiffs, or did some other act amounting to a total denial of their right as co-tenants. The assertion by the defendant of his ownership of the whole premises, and his offer to sell, coupled with this declaration that the plaintiffs would he compelled to sign the deed through which he derived his title, amount to a sufficient denial of the plaintiffs’ right…
2Cited by3 opinions
- Sharp v. WilliamsTennessee Supreme Court · 1858
- Trustees of the Church & Society v. JohnsonNew York Supreme Court · 1867
- Whiteman v. HylandNew York Supreme Court · 1891