Hill v. Draper
New York Supreme Court
This was an action to recover the possession of the survey fifty acres in the northeast corner of lot So. 5 in the old township of Lysander, Oswego county.
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This was an action to recover the possession of the survey fifty acres in the northeast corner of lot So. 5 in the old township of Lysander, Oswego county. On the trial, the plaintiff gave in evidence a deed of indenture, hearing date on the 16th day of July, 1792, executed between Simeon De Witt, surveyor general of the state of Hew-York, of the first part, and Abraham Hardenburgh, of the second part, reciting a sale to said Harden-burgh of the premises in question, after giving such notice of the sale as was required by the act under which the sale was made, and conveying by apt words the…
1Opinion of the CourtAllen, J.
The defendants in possession of the disputed premises, are presumed to have a valid title thereto, and the-plaintiffs, to entitle themselves to recover, must overcome that presumption by proving title out of the defendants, and in themselves. They must recover, if at all, on the strength of then-own title, and not on the defects in that of their adversary. (Roe v. Harvey, 4 Binney, 2487. 1 Ch. Pl. 189. Smith v. Lorillard, 10 John. 339. People v. Leonard, 11 Id. 504. Best on Presumptions, 87. Cowen & Hill’s Notes, 295, 353, 354.) The possession of real estate is prima facie evidence of the…
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