Legal Opinion

Jackson ex dem. Bates v. Lawson

New York Supreme Court

Decided October 15, 1818PublishedCited by 9 opinions

THIS was an action of ejectment for a farm in Poitghkeepsie, in the county of Dutchess. The cause was tried * 7 J before Mr. J. Van Ness, at the Dutchess circuit, in August, „ A .._ 1817. On the trial, John C. Brower, a witness on the part of the plaintiff, testified that he knew William Lawson, the father of Peter Lawson, and the grandfather of the defendant; that W. Lawson died in possession of the premises in questian in July, 1791 ; that the defendant was in possession…

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THIS was an action of ejectment for a farm in Poitghkeepsie, in the county of Dutchess. The cause was tried * 7 J before Mr. J. Van Ness, at the Dutchess circuit, in August, „ A .._ 1817. On the trial, John C. Brower, a witness on the part of the plaintiff, testified that he knew William Lawson, the father of Peter Lawson, and the grandfather of the defendant; that W. Lawson died in possession of the premises in questian in July, 1791 ; that the defendant was in possession of about fifty or sixty acres of land, the premises in question, which the defendant recovered in an action of ejectment…

1Opinion of the CourtVan Ness, J.

The first question I shall consider, is, whether the testimony given by Dubois, in the action of ejectment brought by the present defendant against the widow of William Lawson and Brower, and in which the then plaintiff had judgment in 1797, was properly rejected or not. By the will of William Lawson, he devised all his estate to his wife during her widowhood, with remainder to certain of his children and grand children, part of whose estate the now lessor of the plaintiff purchased in 1791. Both the widow of William Lawson, and the lessor of the plaintiff, thus claim under the same will; and…

2Cited by9 opinions

  1. McInturff v. Insurance Co. of North AmericaIllinois Supreme Court · 1910
  2. Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
  3. Yale v. ComstockMassachusetts Supreme Judicial Court · 1873
  4. Clealand v. HueySupreme Court of Alabama · 1850
  5. In re the Probate of the Will of WhiteNew York Court of Appeals · 1957

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