Wright v. Douglass
New York Supreme Court
This was an action of ejectment brought, to recover the north half of lot No. 130, in George Scriba’s fish pond, or location in Constantia, Oswego county, and was tried before Judge Grid-ley, at the Oswego circuit, in- December, 1846. The defendant admitted that he was in possession at the commencement of the suit. The plaintiff’s counsel, for the purpose of proving title in the plaintiff, produced and read in evidence the following documentary evidence.
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This was an action of ejectment brought, to recover the north half of lot No. 130, in George Scriba’s fish pond, or location in Constantia, Oswego county, and was tried before Judge Grid-ley, at the Oswego circuit, in- December, 1846. The defendant admitted that he was in possession at the commencement of the suit. The plaintiff’s counsel, for the purpose of proving title in the plaintiff, produced and read in evidence the following documentary evidence. (1.) Exemplification of a deed from John McTickar and wife to Eben J, Dennis, of the premises in question, dated August 1,1835, duly…
1Opinion of the Court
By the Court,
Gridley, J.
It is indispensable to the plaintiff’s right to recover that he should establish in himself a legal title to the premises in question at the time when this suit was commenced. The title under which he claims is derived under a sheriff’s deed, executed upon a sale under a judgment, obtained in a suit commenced against the Towanda Bank, as a foreign corporation, wherein the attachment was served by a levy on the premises, on the 26th day of June, 1843. If then, the Towanda Bank held the legal title to the premises on that day, the plaintiff’s right to recover is probably…
2Cases cited3 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Brewster v. PowerNew York Court of Chancery · 1844
3Cited by3 opinions
- Wright v. DouglassNew York Supreme Court · 1850
- Holman v. HolmanNew York Supreme Court · 1872
- Monks v. DeslandesSupreme Court of Rhode Island · 1915