Jackson ex dem. Potter v. Bailey
New York Supreme Court
This was an action of ejectment, for the recovery of ]and Jq the township of Marcellus, in Onondaga county, , ~ ~ and was tried at the circuit in that county, thebthot June, 1806, The lot of land comprehending the premises *n question, was granted to Ephraim Blowers, the 7th of July, 1790. The lessors of the plaintiff claimed under a deed given by Blotoers to David VanRenssalaer, the 12th of July, 1785, The defendant contended, that lowers was an infant at the time the deed…
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This was an action of ejectment, for the recovery of ]and Jq the township of Marcellus, in Onondaga county, , ~ ~ and was tried at the circuit in that county, thebthot June, 1806, The lot of land comprehending the premises *n question, was granted to Ephraim Blowers, the 7th of July, 1790. The lessors of the plaintiff claimed under a deed given by Blotoers to David VanRenssalaer, the 12th of July, 1785, The defendant contended, that lowers was an infant at the time the deed to Van Bens-selaer was executed. To prove this, he ealled VirV cent Matthews, one of the Commissioners appointed under…
1Opinion of the Court
Thompson,
J. It seems to be well settled, and indeed, is not denied by the plaintiff’s counsel, that where a person who gave evidence on a former trial, between the same parties, in the usual and ordinary course of proceedings jn courts of justice, be dead, upon due proof of such trial, and the death of the witness, it is competent to prove what such witness had formerly sworn-* But it is said, that this rule ought not to be extended to téstimony taken before the Onondaga commissioners. 1 am unable however to discover any substan-*iftI reason f°r the distinction. These commissioners were duly…
2Cited by13 opinions
- Fleury v. EdwardsNew York Court of Appeals · 1964
- People v. . ElliottNew York Court of Appeals · 1902
- In re the Probate of the Will of WhiteNew York Court of Appeals · 1957
- Longacre v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Orr v. HadleySupreme Court of New Hampshire · 1858
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