Sparrow v. . Kingman
New York Court of Appeals
Error from the Supreme Court. Elizabeth Kingman brought ejectment in the Common Pleas of Erie County, against Erastus Sparrow to recover an undivided sixth part of certain premises as the widow of George G. Kingman, deceased. After issue joined, the cause was removed by certiorari into the Supreme Court, and was tried at the Erie Circuit, before Dayton, Circuit Judge, in January, .1846. On the trial, the marriage of the plaintiff, and the death of her husband, were admitted.
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Error from the Supreme Court. Elizabeth Kingman brought ejectment in the Common Pleas of Erie County, against Erastus Sparrow to recover an undivided sixth part of certain premises as the widow of George G. Kingman, deceased. After issue joined, the cause was removed by certiorari into the Supreme Court, and was tried at the Erie Circuit, before Dayton, Circuit Judge, in January, .1846. On the trial, the marriage of the plaintiff, and the death of her husband, were admitted. The plaintiff proved that her husband, George G. Kingman, and Philo Durfee, were in possession of the. premises from…
1Opinion of the Court
On the trial, at the Circuit, the marriage of the plaintiff below with George G. Kingman, and the death of the latter, were admitted; and when the plaintiff rested her cause, she had primafacie established a seizin in fee of her husband, in his lifetime, in the lands from which dower was demanded. For this purpose, it was sufficient to shew his actual possession of the premises, claiming as owner. This is presumptive evidence of seizin, and sufficient until the contrary appears. (2 Philipsevidence 282; 2 John R. 123, 5 Cowen 301.) But she went further, shewing a quit claim or release of the…
2Cited by15 opinions
- Robertson v. PickrellSupreme Court of the United States · 1883
- Bybee v. Oregon & California RailroadSupreme Court of the United States · 1891
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Douglas v. . CrugerNew York Court of Appeals · 1880
- Robinson v. ThorntonCalifornia Supreme Court · 1893
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