Ritchie v. Putnam
New York Supreme Court
This was an action of ejectment, tried at the Saratoga circuit in May, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiffs produced in evidence a lease in fee, of the premises in question, bearing date 9th March, 1812, from Gideon Putnam to their father, John Ritchie, and proved that the premises were held and occupied by a tenant of their father in the years 1812 and 1813 ; that their father died in 1812, and that they were his heirs at law.
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This was an action of ejectment, tried at the Saratoga circuit in May, 1832, before the Hon. Esek Cowen, one of the circuit judges. The plaintiffs produced in evidence a lease in fee, of the premises in question, bearing date 9th March, 1812, from Gideon Putnam to their father, John Ritchie, and proved that the premises were held and occupied by a tenant of their father in the years 1812 and 1813 ; that their father died in 1812, and that they were his heirs at law. On the back of the lease thus produced there was an assignment from Betsey Ritchie, describing herself as the administratrix,…
1Opinion of the Court
By the Court,
Sutherland, J.
The objection to the plaintiff’s recovery, on the ground of the alienage of their father, John Ritchie, is now removed, by the production of the record of his naturalization, which took place on the 13th day of April, 1810. Record evidence of a fact imperfectly proved at the trial may be exhibited, on the argument of the case, in opposition to a motion for a new trial; such evidence being in its nature incontrovertible, it would be idle to send the cause down to a new trial, for the purpose of taking it. The practice of the court, in this respect, is well settled.
It…
2Cases cited2 opinions
- Siglar v. Van RiperNew York Supreme Court · 1833
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3Cited by12 opinions
- McCarthy v. . MarshNew York Court of Appeals · 1851
- People ex rel. Smith v. PeaseNew York Supreme Court · 1860
- City of Rockland v. Inhabitants of Hurricane IsleSupreme Judicial Court of Maine · 1909
- Harley v. State ex rel. Attorney-GeneralSupreme Court of Alabama · 1867
- Robert v. . GoodNew York Court of Appeals · 1867
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