Legal Opinion

Jackson v. Rightmyre

New York Supreme Court

Decided January 15, 1819PublishedCited by 19 opinions

THIS was an action of ejectment, which was corn menced in October term, 1808, in the court below, and was brought to recover the possession of an undivided share of ]0t No. 4, in the sixth allotment of a tract of land, situate on 7 the Mohawk river, in the town of Minden, in the county of , v Montgomery, (now the town of Danube, m the county of Herkimer,) granted to Abraham Van Horne and others.

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THIS was an action of ejectment, which was corn menced in October term, 1808, in the court below, and was brought to recover the possession of an undivided share of ]0t No. 4, in the sixth allotment of a tract of land, situate on 7 the Mohawk river, in the town of Minden, in the county of , v Montgomery, (now the town of Danube, m the county of Herkimer,) granted to Abraham Van Horne and others. The cause was tried in August, 1814, when a verdict was taken, subject to the opinion of the Supreme Court, on a case to be made, which either party had leave fo.turn into a special verdict. The case…

1Opinion of the Court

The Chancellor.

The lessors of the plaintiff" are the heirs at law of George Klock. In the year 1764, he was seised ih fee of three undivided sixteenth parts of the Van Horne patent, which covers the premises ; and in the year 1783, he demised parts of the 6th allotment of the patent, to different persons, for a term of years, reserving rent, and which leases, or some of them, also covered the premises* There is no colour of title shown on the part of the plaintiff, but what is founded upon that seisin, or upon that possession of the ancestor.

I shall examine the claim as founded upon each of…

2Cited by19 opinions

  1. Riverside Co. v. TownshendIllinois Supreme Court · 1886
  2. Willson v. CleavelandCalifornia Supreme Court · 1866
  3. Joy v. StumpOregon Supreme Court · 1887
  4. Bradt v. . ChurchNew York Court of Appeals · 1888
  5. Sampson v. OhleyerCalifornia Supreme Court · 1863

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