Jackson ex dem. Wynkoop v. Myers
New York Supreme Court
THIS was an action of ejectment, brought to recover part of' a lot, of thirty-three acres, situate in the town of Catskill, in the county of Greene.
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THIS was an action of ejectment, brought to recover part of' a lot, of thirty-three acres, situate in the town of Catskill, in the county of Greene. The cause xvas tried before Mr. J. Van Mess, at the Greene circuit, in August, 1816. The plaintiff made title to the premises in question, by giving in evidence a deed of partition between Johannes and Christian Myers, of the one part, and Peter and Tobias Wynkoop, and ' Hezekiah Wynkoop, the lessor of the plaintiff; of the other part, bearing date-the 20th of April, 1796, by xvhich the parties of the first part, released to the parties of the…
1Opinion of the CourtSpencer, J.
Several objection^ were made, on the argument, to the partition, which took place in the common pleas of Greene county ■ the right of the plaintiff to a portion of the premises, about three eighth parts, being conceded, unless it was.devested by the partition.
Without going into a consideration of all the objéctions to the validity of that partition, we are of opinion, that it is invalid and null, in one respect. It appears, as well from the petition of Johannes Myers, on whose application the partition was made, as by the report of the commissioners, that the lessor of the plaintiff had no…
2Cited by4 opinions
- Beach v. Mayor of New YorkNew York Supreme Court · 1872
- Esterbrook v. SavageNew York Supreme Court · 1880
- Miller v. MillerNew York Supreme Court · 1871
- de Lancey v. HeylmanNew York Supreme Court · 1910