Chamberlain v. Taylor
New York Court of Appeals
Appeal from a judgment ordered on hearing exceptions at general term. This action was brought in the name of Thomas J. Chamberlain and others, executors, against Hascal L. Taylor and others, to recover possession of o?l lands, and for an injunction, receiver and accounting," under the following circumstances: William H. Ensign and others, who claimed as grantees under the testator, having been nonsuited at the trial of their action of ejectment against McKinney, Taylor,…
Read the full summary
Appeal from a judgment ordered on hearing exceptions at general term. This action was brought in the name of Thomas J. Chamberlain and others, executors, against Hascal L. Taylor and others, to recover possession of o?l lands, and for an injunction, receiver and accounting," under the following circumstances: William H. Ensign and others, who claimed as grantees under the testator, having been nonsuited at the trial of their action of ejectment against McKinney, Taylor, Western, and others, because of inability to produce a power of attorney in support of a deed to the testator, their…
1Opinion of the CourtFinch, J.
This is an action of ejectment. The plaintiffs sue as executors of the will of Benjamin Chamberlain, deceased. They allege title in themselves and right of possession ; a conveyance by them to one Ensign and others ; an adverse holding of the premises at the delivery of such deed ; and claim to recover for the benefit of their grantees. The defendants deny the material allegations, and put in issue the title asserted. Upon the trial, the plaintiffs showed title in *476the testator by a patent from the state; proved his death, his will, its due probate, their letters testamentary, and their…
2Cases cited4 opinions
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Ely v. BallantineNew York Supreme Court · 1831
3Cited by1 opinion
- Galbraith v. PayneNorth Dakota Supreme Court · 1903