Jackson ex dem. Gillespy v. Woolsey
New York Supreme Court
THIS was an action of ejectment, tried at the Orange cir-v 7 ° cuit, in 1813. The lessors of the plaintiff claimed, as heirs * of James Neely, deceased, four fifths of a farm formerly belonging to him.
Read the full summary
THIS was an action of ejectment, tried at the Orange cir-v 7 ° cuit, in 1813. The lessors of the plaintiff claimed, as heirs * of James Neely, deceased, four fifths of a farm formerly belonging to him. The defendant claimed, under a deed, since lost or destroyed, from James Neely, to his daughter, ^anc Gillespy; the operation of which deed was resisted, on Part °f the plaintiff, by attempting to prove that it was delivered as an escrow ; by a sale under a judgment in partition J . * ° r between the heirs of Jane Gillespy; and a deed by the ■* ^ * commissioners, who were appointed to make…
1Opinion of the CourtYates, J.
The first question presented in this cause is, whether it was competent for the defendant to give parol evidence of the contents of the deed from James Neely to Matthew Gillespy and wife, and of the deed from Charles Clinton and George Denision, commissioners appointed by the court of common pleas, of Ulster county, to make partition of the premises in question to Matthew Gillespy.
It is evident, from the testimony in this cause, that those deeds were never in the possession or control of the defendant. The premises in question were conveyed to him by Matthew Gillespy, who was answerable to…
2Cited by12 opinions
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- White v. HutchingsSupreme Court of Alabama · 1866
- Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
- Clark v. DentonNew Jersey Court of Chancery · 1883
7 more not listed; retrieve them via the Exa API.