Briggs v. Wells
New York Supreme Court
This was an action of ejectment, tried before the court without a jury. The plaintiff established a title in fee to three-fourths of the premises, through a deed from Jacob A. Briggs, her father, to the plaintiff and others, his children, &c. dated Feb. 1,1827. The defendant, to defeat the action, introduced and read in evidence an exemplified copy of the record of a judgment in an action of ejectment between the plaintiff and others, plaintiffs, and the present defendant,…
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This was an action of ejectment, tried before the court without a jury. The plaintiff established a title in fee to three-fourths of the premises, through a deed from Jacob A. Briggs, her father, to the plaintiff and others, his children, &c. dated Feb. 1,1827. The defendant, to defeat the action, introduced and read in evidence an exemplified copy of the record of a judgment in an action of ejectment between the plaintiff and others, plaintiffs, and the present defendant, then defendant, for the same premises, by which it appeared that the cause was tried at the Yates circuit in June, 1838,…
1Opinion of the CourtJohnson, J.
The plaintiff is clearly entitled to recover in this action according to the allegations in her declaration, unless *569she is concluded by the record of a former -recovery and judgment in favor of the defendant, for these same premises, in a former action, in which the plaintiff was one of the parties plaintiffs, and the defendant, sole defendant. The record is introduced by the defendant, and he insists that it is conclusive as to his right against the plaintiff. A judgment in ejectment is only conclusive as to the title established in such action. (2 R. S. 235, § 36. Ryerss v. Rippey, 25 Wend.…
2Cases cited2 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Green v. ClarkNew York Supreme Court · 1848
3Cited by8 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- Hawley v. SimonsIllinois Supreme Court · 1881
- Littleton v. RichardsonSupreme Court of New Hampshire · 1856
- Buffalo, Rochester & Pittsburgh Railroad v. LaveryNew York Supreme Court · 1894
- Ankeny v. Fairview Milling Co.Oregon Supreme Court · 1882
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