Jackson v. Shearman
New York Supreme Court
THIS was an action of ejectment for 50 acres of land, in Cambridge, being part of lot No. 3. in the second survey of lot No. 77. in the patent to Colden and others. The cause was tried at the Washington circuit, in June, 1809, before Mr. Chief Justice Kent.
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THIS was an action of ejectment for 50 acres of land, in Cambridge, being part of lot No. 3. in the second survey of lot No. 77. in the patent to Colden and others. The cause was tried at the Washington circuit, in June, 1809, before Mr. Chief Justice Kent. At the trial, a witness for the plaintiff testified, that about four years before, a person went into possession, under a lease for a year, from O'Reilly, and continued in possession nearly a year and a half, when he was ordered to quit, by the overseers of the poor of Cambridge. He accordingly left the premises. It was further proved,…
1Per curiam
Assuming that the plaintiff made out, in the first instance, a prima facie evidence of good title, the validity of the defence turned upon the point of the competency of the parol proof of the lease and its. assignments. The lease belonged to the plaintiff, upon the. statement of the case, and was -in his possession previous to the circuit in 1808. Notice was given to. him, previous to. that circuit, to produce it upon the trial. The cause was not tried until the circuit in 1809, but the effect of the notice was not spent. It applied to the trial, without reference to the time. It does not…
2Cited by23 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Town of Alton v. Town of GilmantonSuperior Court of New Hampshire · 1823
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