J. D. &. E. W. Ford v. Walsworth
New York Supreme Court
This was an action of ejectment, tried at the Cortland circuit in October, 1836, before the Hon. Robert Monedd, one of the circuit judges. The plaintiffs claimed two-fifths of 30 acres of land, as two of the heirs at law of Revilo Ford, who died intestate, seized of the premises, on the 27th July, 1820, and duly established their claim.
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This was an action of ejectment, tried at the Cortland circuit in October, 1836, before the Hon. Robert Monedd, one of the circuit judges. The plaintiffs claimed two-fifths of 30 acres of land, as two of the heirs at law of Revilo Ford, who died intestate, seized of the premises, on the 27th July, 1820, and duly established their claim. The defendant claimed title to the premises under a surrogate’s sale, made by virtue of an .order of the surrogate of the county of Cortland, of the date of 7th March, 1821 ; by virtue of which order the premises were sold, and on the 7th May, 1821, conveyed…
1Opinion of the Court
By the Court,
Cowen, J.
Independent of the question upon Beach’s competency, we think there must be a new trial. It appears to us that the proper disposition of the case would have been to submit the question whether the account and estimate had not been made and presented, to the jury. It certainly was not for the judge to hold, as it appeared he did when the case was here before, 15 Wendell, 449, that the evidence was sufficient to bar the plaintiffs recovery ; but no one can read it without seeing that here' is quite too much testimony to be withdrawn from the jury as neither competent nor…
2Cases cited2 opinions
- Jackson ex dem. M'Fail v. CrawfordsNew York Supreme Court · 1834
- Ford & Ford v. WalsworthNew York Supreme Court · 1836
3Cited by9 opinions
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
- Cunningham v. KnightNew York Supreme Court · 1847
- Bromley v. Mollnar, New York County Courts1942
- Goldman v. KennedyNew York Supreme Court · 1888
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