Jackson ex dem. Smith v. Stewarth
New York Supreme Court
THIS iras an action of ejectment, for lands in Kings-bury, in Washington county. The cause was tried at the Washington circuit, in June, 1809, before the. chief justice.
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THIS iras an action of ejectment, for lands in Kings-bury, in Washington county. The cause was tried at the Washington circuit, in June, 1809, before the. chief justice. At tlie trial the plaintiff proved, that the defendant entered into possession under a contract to purchase, made by Zina Hitchcock, as attorney for the plaintiff, by virtue of a letter of substitution, from Clifford; of Philadelphia, who was believed to have been authorized to make such letter of substitution. The defendant acknowledged he held under the lessors, It was proved, that about 22 or 23 years before, one Phnt was…
1Per curiam
This is a clear case for the plaintiff, The defendant entered into possession under the plaintiff, and acknowledged his title. He now attempts to shelter himself under a lease for ever, executed by Joseph Smith, the father of the plaintiff, in 1769. As an outstanding title in some third person, it was certainly not available. It was a lease, with a reservation of rent, and a clause of re-entry. The original lessee died in 1775, without wife or child, and we have no evidence of any continuation of the possession under him; and 22 years before the trial, we find the lessor taking possession…
2Cases cited1 opinion
- Jackson ex dem. Goose v. DemarestNew York Supreme Court · 1805
3Cited by26 opinions
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Harris v. . FrinkNew York Court of Appeals · 1872
- Sievers v. BrownOregon Supreme Court · 1899
- Alexander v. WalterCourt of Appeals of Maryland · 1849
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