Beebe v. Elliott
New York Supreme Court
This was an action of trespass for breaking a close claimed to be parcel of great lot R. H. 1. in Harper’s patent. The defence interposed was, that the premises in question were included within the true boundaries of a tract of two thousand acres of the same patent, known upon the maps as R. Watts’ lot. In 1839, Geo. Balis was in possession, as tenant in fee, of 145 acres of R. H. 1, and David Goodnough of an adjoining parcel in Watts,’ tract.
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This was an action of trespass for breaking a close claimed to be parcel of great lot R. H. 1. in Harper’s patent. The defence interposed was, that the premises in question were included within the true boundaries of a tract of two thousand acres of the same patent, known upon the maps as R. Watts’ lot. In 1839, Geo. Balis was in possession, as tenant in fee, of 145 acres of R. H. 1, and David Goodnough of an adjoining parcel in Watts,’ tract. An ejectment was brought, and tried in that year, by the former against the latter, and the question in controversy was the location of the line…
1Opinion of the Court
By the Court, Morehouse, J.
A judgment in ejectment has the same force and efficacy as any other judgment. It was al*458ways conclusive as to the right of possession and the title to mesne profits, but it was not a bar in a second action of ejectment, before the statute. Its ancient form was not devised for, nor did it claim to question, the mere right of property; and the title might be tried as often as the failing party chose. (23 Wend. 482. 3 Hill, 399, 417.) By the statute “every judgment in the action of ejectment, rendered upon a verdict, shall be conclusive as to the title established in…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bates v. StearnsNew York Supreme Court · 1840
3Cited by6 opinions
- Hudson v. Iguano Land & Mining Co.West Virginia Supreme Court · 1912
- Jarvis v. American Forcite Powder Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Royal Live Fish Co. v. Central Fish Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Baker v. JohnsNew York Supreme Court · 1886
- Baker v. JohnsNew York Supreme Court · 1885
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