Van Rensselaer v. Owen
New York Supreme Court
PPEAL from a judgment ordered at the circuit, on a trial before the court without a jury. The action was brought to recover the possession of real estate.
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PPEAL from a judgment ordered at the circuit, on a trial before the court without a jury. The action was brought to recover the possession of real estate. It appeared upon the trial that on the 28th day of January, 1792, Stephen Van Eensselaer, the father of the plaintiff, and Joseph Owen, the father of the defendant, executed an indenture under seal, by which the form granted to the latter in fee, reserving the rents mentioned below, certain lands described in the complaint, situated in the town of Berne, in the county of Albany, which were occupied by the defendant at the commencement of…
1Opinion of the CourtHogeboom, J.
So far as I can discover, all the points raised by the defendant on this appeal have been decided against him, either in this court or the Court of Appeals, except that arising on the deed of conveyance made by the plaintiff to James Kidd and Peter Cagger, on the 2d of March, 1864, (after the commencement of this action,) conveying to them all his right and interest in the claims involved in this action, and in the premises in controversy. On this point I entertain an opinion unfavorable to the defendant, and cannot concur in the position taken by him, that the plaintiff’s title had expired,…
2Cases cited9 opinions
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Lang v. RopkeThe Superior Court of New York City · 1852
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
- Putnam v. Van BurenNew York Supreme Court · 1852
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3Cited by3 opinions
- Ex parte SayreSupreme Court of Alabama · 1881
- Baker v. JohnsNew York Supreme Court · 1886
- Baker v. JohnsNew York Supreme Court · 1885