Jackson ex dem. Eames v. Phipps
New York Supreme Court
THIS xvas an actio'n of ejectment, to recover 25 acres of land „ _ , . 111 ot N°* 24., part of bcnba/s patent, in Oneida county, and a'lso ^ acres of land adjoining, called the Gore. The cause was tried at the Oneida circuit, in June last, before Mr. Justice Spencer. Both parties claimed'title to the parcel of 25 acres, under Joseph Phipps, who had been in possession of the premises for a number of years prior to giving the mortgage hereafter mentioned.
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THIS xvas an actio'n of ejectment, to recover 25 acres of land „ _ , . 111 ot N°* 24., part of bcnba/s patent, in Oneida county, and a'lso ^ acres of land adjoining, called the Gore. The cause was tried at the Oneida circuit, in June last, before Mr. Justice Spencer. Both parties claimed'title to the parcel of 25 acres, under Joseph Phipps, who had been in possession of the premises for a number of years prior to giving the mortgage hereafter mentioned. The declaration xvas served on the tenant in possession the 9th of May, 1814. r t The plaintiff gave in evidence a mortgage of the two…
1Opinion of the CourtSpencer, J.
The parties both claim, tille, under Josbph Phipps, to the 25 acre tract. The other tract is described as a Gore ; and is included in the mortgage given- by Joseph Phipps to the lessor Of the plaintiff but is not included in the deed from Joseph Phipps to Aaron Phipps. With respect to the piece called the Gore, there can' be no question. The defendant defends as landlord of the premises, and his only pretence to any title to this part of the premises, arises from his having succeeded to the possession under Joseph Phipps. The mortgage to the lessor of the plaintiff comprehending it, and the…
2Cases cited1 opinion
- Jackson ex dem. M'Crea v. DunlapNew York Supreme Court · 1799
3Cited by30 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
- Hibberd v. SmithCalifornia Supreme Court · 1885
- Taft v. TaftMichigan Supreme Court · 1886
- Weber v. ChristenIllinois Supreme Court · 1887
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