Gilchrist v. . Comfort
New York Court of Appeals
Appeal from order of Supreme Court, granting a new trial, with stipulation for judgment absolute. The action was for the recovery of certain real property, situate in the town of Springfield, in the county of Otsego, and was commenced in 1859, by Charles Gilchrist, the ancestor of the present plaintiffs, who died pending the suit, and his heirs-at-law have been substituted. The cause was tried at the Otsego Circuit, in December, 1859, before Mr. Justice Masoh and a jury.
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Appeal from order of Supreme Court, granting a new trial, with stipulation for judgment absolute. The action was for the recovery of certain real property, situate in the town of Springfield, in the county of Otsego, and was commenced in 1859, by Charles Gilchrist, the ancestor of the present plaintiffs, who died pending the suit, and his heirs-at-law have been substituted. The cause was tried at the Otsego Circuit, in December, 1859, before Mr. Justice Masoh and a jury. The jury, under the direction of the court, rendered a verdict in favor of the plaintiffs, and the court ordered the…
1Opinion of the CourtWright, J.
The premises, on the 5th October, were purchased by Harry L. Farnham, at a sale made by the sheriff of the county of Otsego, under executions upon judgments against one Benjamin Barrett, and on the 20th March, 1855, he received a sheriff’s deed thereof in pursuance of his purchase. On the 3d March, 1855, Farnham conveyed the title thus acquired to the trustees of the First Methodist Episcopal Church of Springfield, and the defendant Comfort, as the pastor of the church, was, at the commencement of the suit, in possession of the premises claiming under the title from, Farnham. The plaintiff,…
2Cited by10 opinions
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