Cagger v. Lansing
New York Supreme Court
THIS action was brought to recover $1000, the balance of the consideration money for the purchase of the interest of the plaintiff’s intestate in a farm in Grreenbush, in the county of Eensselaer. It appeared from the undisputed evidence on the trial, at the circuit, that one-Peter W. Witbecb had once held the premises in question, under a lease from Stephen Van Eensselaer, reserving certain perpetual rents, with right of reentry for non-payment.
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THIS action was brought to recover $1000, the balance of the consideration money for the purchase of the interest of the plaintiff’s intestate in a farm in Grreenbush, in the county of Eensselaer. It appeared from the undisputed evidence on the trial, at the circuit, that one-Peter W. Witbecb had once held the premises in question, under a lease from Stephen Van Eensselaer, reserving certain perpetual rents, with right of reentry for non-payment. That Stephen Van Eensselaer, deceased, devised his interest to his son, William P. Van Eensselaer, who had commenced an action of ejectment to…
1Opinion of the Court
By the Gourt, Potter, J.
On the trial the plaintiff proved, bjr sufficient evidence, that her testator had an estate in the farm in question on' the 19th day of October, 1865, that was alienable ; and that the defendant had no title thereto, unless it was a present possession.
There was, grima facie, upon the evidence, an absolute title in Peter Cagger, by virtue of the judgment proved. This judgment against the defendant could not be impeached or impaired, collaterally, by the defendant, on the trial'in this case. Under any claim of the defendant, set up, or claimed to be set up on the trial,…
2Cases cited6 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Malins v. . BrownNew York Court of Appeals · 1850
- Beebe v. HuttonNew York Supreme Court · 1866
- Vorebeck v. RoeNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Moore, Keppel & Co. v. WardWest Virginia Supreme Court · 1912
- Freeland v. CharnleyIndiana Supreme Court · 1881
- Tharaldson v. EvertsSupreme Court of Minnesota · 1902
- Foulkes v. SengstackenOregon Supreme Court · 1916