Legal Opinion

Jackson ex dem. Murray v. Denn

New York Supreme Court

Decided October 15, 1825PublishedCited by 11 opinions

Ejectment for part of lot No. 93, in the township of Junius, tried at the Seneca circuit, March 6 th, 1824, before Throop, C. Judge.

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Ejectment for part of lot No. 93, in the township of Junius, tried at the Seneca circuit, March 6 th, 1824, before Throop, C. Judge. On the trial, the plaintiff proved by H. W. Dobbin, that he, the witness, was in possession of the premises in question from 1805 to 1808, claiming possession of the whole of lot 93. He then gave in evidence a conveyance in fee, by deed poll, of lot 93, from Dobbin to the lessors of the plaintiff, for the consideration of $50. That Dobbin continued his possession about four years after, when he was succeeded by another tenant under the lessors of the plaintiff;…

1Opinion of the Court

Curia, per Sutherland, J.

The nonsuit must be set aside. The lessors of the plaintiff showed a continued possession in themselves, and the one from whom they derived it, under a claim or assertion of right from 1805 to 1821, or 2. In December, 1822, the defendant entered, without pretending any right or title, the premises being then vacant. This action was brought in April, 1823. The reason of the premises being vacant is given by Thomas Mumford, a witness for the plaintiff; who testified that he was the agent of the lessors, with authority to lease, or sell the lot; that he had leased it,…

2Cases cited2 opinions

  1. Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
  2. Jackson v. RightmyreNew York Supreme Court · 1819

3Cited by11 opinions

  1. Dingey v. PaxtonMississippi Supreme Court · 1883
  2. Winans v. ChristyCalifornia Supreme Court · 1854
  3. Whitney v. WrightNew York Supreme Court · 1836
  4. Crockett v. MorrisonSupreme Court of Missouri · 1847
  5. Bagley v. KennedySupreme Court of Georgia · 1890

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