Jackson ex dem. Russell v. Rowland
New York Supreme Court
This was an action of ejectment, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of ejectment, tried at the Washington circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges. The action was brought for a room in a dwelling house, which the lessor of the plaintiff claimed to recover as a purchaser at a sale, by virtue of a mortgage executed by one A. Hay to T. Washburn, of a house and lot of land containing 5f acres, bearing date 6th September,- 1819, proved by a subscribing witness on the 7th April, 1826, and recorded on the last mentioned day. The lessor of the plaintiff obtained an assignment of the mortgage on the 29th May,…
1Opinion of the Court
By the Court.
It is contended by the counsel for the defendant that there is a total failure on the part of the plaintiff, to shew by competent testimony title in himself to the premises in question. He insists, that without proof of the deed from Washburn to Hay, the lessor of the plaintiff shewed no other title than that derived under the mortgage from Hay, and that it gives him no right to recover; that parol evidence of the contents of the deed was admissible only on the ground that its loss was proved by competent and satisfactory evidence, and that the credibility of the witness proving…
2Cases cited1 opinion
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by76 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Stanton v. . MillerNew York Court of Appeals · 1874
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Taft v. TaftMichigan Supreme Court · 1886
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