Legal Opinion

Jackson ex dem. Gatfield v. Strang

The Superior Court of New York City

Decided August 15, 1828PublishedCited by 3 opinions

This was an action of ejectment, originally commenced in the Supreme Court, to recover a house and lot situated in Mulberry-street, in the city of New-York. It was afterwards transferred to this court by agreement of parties, according to the provisions of the act under which it is constituted.

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This was an action of ejectment, originally commenced in the Supreme Court, to recover a house and lot situated in Mulberry-street, in the city of New-York. It was afterwards transferred to this court by agreement of parties, according to the provisions of the act under which it is constituted. At the trial, as the points of controversy were questions of law exclusively, a gerieral verdict was returned in favour of the plaintiff, by consent of parties, subject to a case to be made; and each party had liberty to turn the same into a special verdict or bill of exceptions. The facts, presented…

1Opinion of the CourtJones, C. J.

Charles Gatfield, by his will, dated April, 1798, devised as follows: “I give “ and bequeath to my wife Sarah all my estate real and personal “ during her life. The house and lot No. 37, situate in Mulberry-street, containing in front 20 feet, in rear 15 feet, in depth 95 “ feet, to my heirs Maria and Eliza Gatfield in fee-simple for- “ ever: if one of them should die, the property to descend on the “ other; in case both should die, the property to descend on my “ wife Sarah, only she is to pay to my brother Archibald Gatfield, on shilling if demanded.” The testator died in 1798.

Maria died in…

2Cited by3 opinions

  1. Moore v. LyonsNew York Supreme Court · 1840
  2. Vanderheyden v. CrandallNew York Supreme Court · 1846
  3. In re WilliamsNew York City Family Court · 1983

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