Smith ex dem. Teller v. Lorillard
New York Supreme Court
THIS was an action of ejectment, brought to recover possession of a lot of ground in Chamber-street, in the 6th ward of the city of New-York. The cause was tried before Mr. Justice Van Hess, at the Hew-York sittings, on the 12th December, 1811. The case of Smith, ex dem.
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THIS was an action of ejectment, brought to recover possession of a lot of ground in Chamber-street, in the 6th ward of the city of New-York. The cause was tried before Mr. Justice Van Hess, at the Hew-York sittings, on the 12th December, 1811. The case of Smith, ex dem. Teller, v. Burtis <§• Woodward, reported ante, (v. 9. p. 174.) arose in an action of ejectment for a part of the ground claimed by the lessor of the plaintiff, under the same title, and the evidence given on the trial of that cause was again produced on the trial of this suit. Several additional witnesses as to the…
1Opinion of the Court
[Kent, Ch. J.
There is a case in 2 Saund.‡ which seems to be against your doctrine.]
[T. A. Emmet So is the case of Bateman v. Allen, in Cro. Eliz. 347.]
In the cases of Allen v. Rivington and Bateman v. Allen, it will be found that the defendants entered upon the prior possessors and ousted them. Here the defendants entered on vacant land. Those cases, therefore, are not applicable. If the doctrine of the lessors is to prevail, a possession taken of vacant land and continued uninterruptedly for 19 years, may be destroyed by a prior naked possession for one year taken 50 years before.
In…
2Cited by38 opinions
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- Bledsoe v. SimmsSupreme Court of Missouri · 1873
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