Jackson ex dem. Church v. Hills
New York Supreme Court
Ejectment for a farm in Vernon, Oneida county'; tried at the circuit in that county, October 10th, 1826, before T v ' ’ yVILLIAMSj 0. Judge. The plaintiff claimed to recover upon a demise from the to the lessor of the plaintiff; the particulars of which, and the manner in which the defendant sought to meet the plaintiff’s claim, are stated in the opinion of the . , . ± court, with the other material facts in the case.
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Ejectment for a farm in Vernon, Oneida county'; tried at the circuit in that county, October 10th, 1826, before T v ' ’ yVILLIAMSj 0. Judge. The plaintiff claimed to recover upon a demise from the to the lessor of the plaintiff; the particulars of which, and the manner in which the defendant sought to meet the plaintiff’s claim, are stated in the opinion of the . , . ± court, with the other material facts in the case. The defendant offered H. O. Hills as a witness to show the demise fraudulent. It was objected that he was in possession of a part of the premises in question, under the…
1Opinion of the Court
Cuna, per Sutherland J.,
The plaintiff, upon the trial, claimed a right to recover the premises in question, in vir*290tue of a lease, under seal, from the defendant, bearing date the 30th day of December, 1825. By the terms of the lease, the lessor of the plaintiff was to have possession of the farm on the 15th day of February, 1826. The lease was for the term of ten years, reserving an annual rent of $100. The execution of the lease, and the defendant’s possession, were duly proved or admitted.
*The defence was, that the lease was obtained by fraud; not that the defendant was incompetent, by…
2Cases cited3 opinions
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- Smith v. . RyanNew York Court of Appeals · 1908
- Sampson v. OhleyerCalifornia Supreme Court · 1863
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