Moore v. Spellman
New York Supreme Court
Ejectment for an undivided half of certain lands in the county of Monroe, tried at the circuit court for that county in September, 1846, before Dayton, Cir. J. The facts necessary to be stated to present the question of law appear from the opinion of the court. After the testimony had been given, the judge charged the jury that the plaintiff was entitled to recover an undivided half of the premises mentioned in the declaration.
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Ejectment for an undivided half of certain lands in the county of Monroe, tried at the circuit court for that county in September, 1846, before Dayton, Cir. J. The facts necessary to be stated to present the question of law appear from the opinion of the court. After the testimony had been given, the judge charged the jury that the plaintiff was entitled to recover an undivided half of the premises mentioned in the declaration. The defendant excepted, and the jury gave their verdict according to the charge. The defendant moves for a new trial on a bill of exceptions.
1Opinion of the Court
By the Court, Beardsley, Ch. J.
Sophia Spellman, whose reputed father was John Spellman, senior, was an illegitimate child of Lucy Moore, otherwise called Lucy Spellman. The said John Spellman, senior, died intestate in 1820, leaving, as the bill of exceptions states, “ property of the value of four thousand dollars in the hands of the said Sophia and the said defendant, over and above all his debts and liabilities.” In 1826, Sophia made a purchase of the land now in question, and received therefor, from the then owner, a conveyance by way of bargain and sale, the consideration money expressed…
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