Staring v. Bowen
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit on the 26th day of September, 1845, before his Honor Philo Gridley, Circuit Judge. The declaration contained two counts, in each of which the plaintiff claimed in fee an equal undivided fourth part of the easterly part of lot No. 60, in Gage’s Patent, situate in the town of Deerfield, in the county of Oneida, and containing one hundred acres, &c.
Read the full summary
This was an action of ejectment, tried at the Oneida circuit on the 26th day of September, 1845, before his Honor Philo Gridley, Circuit Judge. The declaration contained two counts, in each of which the plaintiff claimed in fee an equal undivided fourth part of the easterly part of lot No. 60, in Gage’s Patent, situate in the town of Deerfield, in the county of Oneida, and containing one hundred acres, &c. The plea was the general issue, and upon the trial the defendant’s counsel admitted that the defendant was in possession of the premises described in the declaration at the time the…
1Opinion of the Court
By the Court, Allen, J.
The plaintiff moves for a new trial upon a bill of exceptions, and must rely upon the grounds taken and the points made by him upon tha trial. He there claimed expressly as devisee under a will of his father, and put forth no other ground of claim whatever. He can not, therefore, be permitted, upon this occasion, to insist that he was wrongfully nonsuited, for the reason that the evidence showed a seisin in his ancestor, and that he was entitled to recover as heir, if no will was proved. In his declaration he claimed one *113undivided fourth part of the premises; which…
2Cited by9 opinions
- McCarney v. . People of the State of N.Y.New York Court of Appeals · 1881
- Bedell v. PowellNew York Supreme Court · 1852
- Edgerton v. . ThomasNew York Court of Appeals · 1853
- Enders v. SternberghNew York Court of Appeals · 1864
- In re the Probate of the Will of HehnNew York Surrogate's Court · 1957
4 more not listed; retrieve them via the Exa API.