Legal Opinion

Jackson ex dem. Livingston against Edwards

New York Supreme Court

Decided August 15, 1823PublishedCited by 8 opinions

Ejectment, for lot No. 23, in L. and Zds Patent, Scho-Jiarie. 1820, Edwards, the defendant, brought ejectment", on his own demise", for the same lot, against Chris-Ban ‘Brown, recovered judgment, with $129,86 costs, which remain unpaid, and had a writ of possession executed, by virtue whereof he is in possession.

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Ejectment, for lot No. 23, in L. and Zds Patent, Scho-Jiarie. 1820, Edwards, the defendant, brought ejectment", on his own demise", for the same lot, against Chris-Ban ‘Brown, recovered judgment, with $129,86 costs, which remain unpaid, and had a writ of possession executed, by virtue whereof he is in possession. Brown, defendant in that suit, set up title in the present lessors of the plaintiff, shewed that he entered on the lot, R as their tenant, and the now lessors are prosecuting upon the same title under which Brown defended. The lessors claim, as heirs at law of Philip Livingston. It…

1Opinion of the Court

Curia.

It appeared, on the former trial, that Brown was tenant to all the lessors in this action, except Cornelia Livingston. The other lessors are the heirs at law of Philip Livingston. They are to be retained, and the trial of this causéis to be on the same title. Being in relation to the same title, and the same premises which were formerly recovered against the title of these very lessors, the change, by introducing the name of Cornelia Livingston, cannot render it an exception to the general rule, as laid down in the books of practice, that where the same title to the same premises is…

2Cited by8 opinions

  1. Kitts v. WillsonIndiana Supreme Court · 1883
  2. Gerrish v. PrattSupreme Court of Minnesota · 1861
  3. Ex parte ShearSupreme Court of Alabama · 1890
  4. Robinson v. Merchants & Miners Transportation Co.Supreme Court of Rhode Island · 1888
  5. Ten Broeck v. ReynoldsNew York Supreme Court · 1856

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