Jackson ex rel. Swartwout v. Cole
New York Supreme Court
Ejectment for one-fourth of the south part of lot No. 10, in Glen’s purchase, in Herkimer county, tried at the Cir- ... , . ‘ , . _ . _ cuit in that county, before Williams, C. Judge, July 8, q Qoq On the trial, the plaintiff read in evidence a deed from J. 0. Hoffman, Eliza Ann Colden, and T. Cooper, to Cole, the defendant, dated January 21, 1798, for 400 acres of land, in lot No. 10, Glen’s purchase, including the premises in question.
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Ejectment for one-fourth of the south part of lot No. 10, in Glen’s purchase, in Herkimer county, tried at the Cir- ... , . ‘ , . _ . _ cuit in that county, before Williams, C. Judge, July 8, q Qoq On the trial, the plaintiff read in evidence a deed from J. 0. Hoffman, Eliza Ann Colden, and T. Cooper, to Cole, the defendant, dated January 21, 1798, for 400 acres of land, in lot No. 10, Glen’s purchase, including the premises in question. James Cochran, a witness for the plaintiff, testified, that he knew T. Cooper ; that he died four or five years ago; that he also knew Catharine, the wife of…
1Opinion of the Court
Curia, per
Sutherland, J.
I think the plaintiff is entitled to recover. The deed from Cooper to the defendant, and his admissions to Cochran that the estate belonged to Mrs.'Cooper, and that if she had signed the deed with her husband, his title would have been good, were sufficient, prima fade, to establishthefact that Cooper was only tenant by the curtesy, and that the estate belonged to his wife, of whom Mrs. Swartwout, one of the lessors of the plaintiff, is the sole heir. The admissions of the defendant do not fall within the class of eases, in which it has been held that parol…
2Cases cited9 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Jackson v. ShearmanNew York Supreme Court · 1810
- Jackson v. CaryNew York Supreme Court · 1819
- Jackson ex dem. Van Alen v. VosburghNew York Supreme Court · 1810
- Jackson ex dem. Gillespy v. WoolseyNew York Supreme Court · 1814
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3Cited by11 opinions
- Hardy v. De LeonTexas Supreme Court · 1849
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- Snow v. WeeksSupreme Judicial Court of Maine · 1883
- Reed v. SmithSupreme Court of Alabama · 1848
- Draper v. BrysonSupreme Court of Missouri · 1857
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