Wright v. Williams
New York Supreme Court
Replevin, tried at the Washington circuit, January 5th, 1824, before Walworth, C. Judge; when a verdict was found for the plaintiff, on the opinion of the judge, that the defendant had avowed in a wrong character. A motion for a new trial was now made, by
1Opinion of the CourtWoodworth, J.
The defendant first avows the taking, as executor of John Williams, for $>195 rent, in arrear for 13 years, ending on the 1st- of May, 1820; that the testator being lawfully possessed in fee, on the 27th of October, 1794, one Samuel Wright, for 13 years before, and ending on the 1st of May, 1820, enjoyed the premises by virtue of a demise to him, made by John Williams, in his lifetime, under the yearly rent of £6.
The plaintiff pleads a number of matters in bar to the avowry; and takes issue to the country.
It is not necessary to notice particularly the other avowries ; because, if the evidence…
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