Brandter ex dem. Fitch v. Marshall
New York Supreme Court
EJECTMENT for lands in West-Chester, tried in J e ... 1801, before his honor the Chief-Justice. The case that the plaintiff produced and proved : 1st. A paper signed Joseph Marshall, the father of the defendant, dated 6th September, 1758, by which he ac-> hnowledged that he had, about six years before that-penod, taken possession of the land in question, under Thomas Fitch, and John Raymond, and that he then held the same under them as his landlords. 2ndly.
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EJECTMENT for lands in West-Chester, tried in J e ... 1801, before his honor the Chief-Justice. The case that the plaintiff produced and proved : 1st. A paper signed Joseph Marshall, the father of the defendant, dated 6th September, 1758, by which he ac-> hnowledged that he had, about six years before that-penod, taken possession of the land in question, under Thomas Fitch, and John Raymond, and that he then held the same under them as his landlords. 2ndly. The counterpart of a lease executed by the said Joseph Marshall, by which the said Thomas Fitch and John Raymond, demised to him the…
1Opinion of the Court
Hoffman for the defendant.
We contend that on the circumstances as presented by the case, the judge ought to have directed for the defendant, and not for the plaintiff. The facts, indeed, are but limited ; some principles however are involved, which it is of the utmost importance to have decided. For, admitting that the defendant claimed under his father, still we insist the plaintiff, as appears from the case itself, is not entitled to recover. There is no evidence of title whatsoever from the expiration of the lease in 1758. That then, being only for three years, expired in 1761. After ’61,…
2Cited by2 opinions
- Den ex dem. Harker v. GustinSupreme Court of New Jersey · 1830
- Flourenoy v. DurkeSupreme Court of South Carolina · 1808