Mason v. White
New York Supreme Court
This was an action to recover the possession of real estate. The complaint alledged that the plaintiff was the owner in fee of a part of lot No. 55 in Brutus, Cayuga county; and that while the plaintiff was the owner thereof the defendant entered into the possession of the premises and ejected the plaintiff therefrom.
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This was an action to recover the possession of real estate. The complaint alledged that the plaintiff was the owner in fee of a part of lot No. 55 in Brutus, Cayuga county; and that while the plaintiff was the owner thereof the defendant entered into the possession of the premises and ejected the plaintiff therefrom. The answer of the defendant specifically denied all the allegations of the complaint, and alledged that one Christopher Bdee was the owner of the premises on or about the 3d day of May, 1842, and that on or about that time a judgment was obtained in the supreme court of this…
1Opinion of the Court
By the Court,
Allen, J.
Upon the evidence in this cause I should come to a conclusion different from that to which the referee has arrived, as to what land the sheriff intended to sell. The recollection of the sheriff is evidently very far from being distinct, or even satisfactory to himself; and he does not appear to have been very familiar with the premises, and the farms adjacent. Without in the least impeaching the integrity or candor of the sheriff, it may well be said that his testimony is not reliable, as to what premises he had in his mind at the time of the levy and sale upon the…
2Cases cited6 opinions
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Pritchard v. HicksNew York Court of Chancery · 1828
- Doe v. RoeNew York Supreme Court · 1828
- Dike v. LewisNew York Supreme Court · 1847
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3Cited by15 opinions
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Bartlett v. . JuddNew York Court of Appeals · 1860
- Wooters v. ArledgeTexas Supreme Court · 1881
- Tatum v. CroomSupreme Court of Arkansas · 1895
- Bartlett v. JuddNew York Supreme Court · 1856
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