Jackson ex dem. Lathrop v. Demont
New York Supreme Court
THIS was an action of ejectment, to recover the possession of lot No. 75. in the township of Junius, in the county of Seneca. The cause was tried at the Seneca circuit, in June, 1811, before Ml’. Justice xates.
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THIS was an action of ejectment, to recover the possession of lot No. 75. in the township of Junius, in the county of Seneca. The cause was tried at the Seneca circuit, in June, 1811, before Ml’. Justice xates. The lot was conveyed, by letters patent, the 29th of January, 1791, to John Wilcox, who executed a deed for his military lot to Rufus Lathrop, one of the lessors, in 1794. The plaintiff produced the letters patent, and a witness testified, that, about 13 years ago, he received the deed from Wilcox to Lathrop which, after diligent search, he had been unable to find, and believed it to…
1Opinion of the Court
Keut, Ch. J . delivered the opinion of the court.
Two questions arise on this case: 1, Is the lessor, Nichols, entitled to recover upon the deed from R. Lathrop, to him ? 2. If not, then can Lathrop himself recover, in opposition to his deed to Miller, under whom the defendant holds? Unless we cari answer one of these questions in the affirmative, judgment must be rendered for the defendant.
1. At the time of the execution of the deed, from Lathrop to Nichols, the defendant was in possession under Miller, who held the land under a deed from another source. The possession was then adverse to the…
2Cited by32 opinions
- Steeple v. DowningIndiana Supreme Court · 1878
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
- Hamilton v. . WrightNew York Court of Appeals · 1868
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Galbraith v. PayneNorth Dakota Supreme Court · 1903
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