Clapp v. Bromagham
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. This cause was reported, as decided on the .case subject to the opinion of the supreme court, in 5 Cowen’s Rep. 295. Several points raised below, as mentioned in the former report, were not passed upon by the court.
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On error from the supreme court. This cause was reported, as decided on the .case subject to the opinion of the supreme court, in 5 Cowen’s Rep. 295. Several points raised below, as mentioned in the former report, were not passed upon by the court. The case having been, pursuant to stipulation, turned int.o a bill of exceptions, all the points raised below were now argued again here; and it Will be perceived, more of them were now passed upon than the supreme court thought it necessary to consider. The case must, therefore, be restated more extensively than before. The proceeding in the…
1Opinion of the Court
Jones, Chancellor,
delivered the opinion of the court. The defendants in error in this cause, claiming to be entitled each to one ninth part of a "farm in the "town of Schodack, in Rensselaer county,, presented their petition to the "Supreme court, at the August term of that court, in the year 1823, under the act of, 12th of April, 1813, for the partition of land's, stating that each of them was seised -in fee of the ninth part of the premises as tenants in common, and that Clapp, the plaintiff in error, 'was tenant uncommon, as purchaser, from one Peter Bromagham, of the ninth part thereof;…
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