Bigelow v. Finch
New York Supreme Court
This was an action of ejectment to recover the possession of a piece of. land occupied by the defendant, situated in Stephen-town, in the county of Rensselaer, and containing about 46 or 47 acres. It was commenced on the 5th of April, 1848, and was first tried at the Rensselaer circuit on the 10th day of October, 1849, when a verdict for the plaintiff was directed by the judge, which was afterwards, upon exceptions taken by the defendant, set aside by this court.
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This was an action of ejectment to recover the possession of a piece of. land occupied by the defendant, situated in Stephen-town, in the county of Rensselaer, and containing about 46 or 47 acres. It was commenced on the 5th of April, 1848, and was first tried at the Rensselaer circuit on the 10th day of October, 1849, when a verdict for the plaintiff was directed by the judge, which was afterwards, upon exceptions taken by the defendant, set aside by this court. It was again tried at the Rensselaer circuit on the 12th day of'April, 1852, when a verdict for the plaintiff was directed and…
1Opinion of the Court
By the Court, Parker, J.
Both parties claim the premises m question under the Van Rensselaer title. The plaintiff has succeeded to all the right and title which Orry Gr. Harris had on the 29th day of December, 1841, by a purchase under a judgment and execution against Morgan Harris and Orry 0. Harris; and he claims that at that time Orry Gr. Harris had such an interest in the land as was subject to the lien of the judgment. It appears that at that time no written lease of the land had ever been executed, either by Stephen Van Rensselaer, deceased, or by William P. Van Rensselaer, who succeeded…
2Cited by4 opinions
- Van Derzee v. Van DerzeeNew York Supreme Court · 1859
- Close v. NoyeNew York Court of Appeals · 1895
- Kenney v. GeogheganCity of New York Municipal Court · 1886
- Mitnacht v. CocksNew York City Court · 1883