Jackson ex dem. Erwin v. Moore
New York Supreme Court
Ejectment ; tried at the Steuben circuit, January 13th, 1824, before Throop, C. Judge ; when the following facts appeared : The lessors of the plaintiff claimed as the children and grand children, and heirs at law, of Arthur Erwin, who died ⅛ June, 1791, intestate, leaving ten children, five of whom are lessors. The seven remaining lessors are the children of his daughter, Sarah Mulhollon; she left eight children, one of whom is not a lessor.
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Ejectment ; tried at the Steuben circuit, January 13th, 1824, before Throop, C. Judge ; when the following facts appeared : The lessors of the plaintiff claimed as the children and grand children, and heirs at law, of Arthur Erwin, who died ⅛ June, 1791, intestate, leaving ten children, five of whom are lessors. The seven remaining lessors are the children of his daughter, Sarah Mulhollon; she left eight children, one of whom is not a lessor. The extent of the plaintiff’s claim was five tenths and seven eighths of another tenth of the interest of their ancestor in the premises in question.…
1Opinion of the Court
Curia, per
Sutherland, J.
The plaintiff, if he can recover at all, is entitled, under thé demise from the Mulhollons, the grand, children of Arthur Erwin, to 7-8 of 1-10, of 2-12 of the premises in question. Upon the same principle, he is entitled to that proportion of the residue of the 22000 acres, included in the gores. The case, therefore, is important, not only in principle, but in the extent of property which may be affected by its decision ; and deserves, as it has received, the most deliberate consideration of the court.
The first question which arises is, as to the construction of the…
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