Jackson ex dem. Hardenberg v. Schoonmaker
New York Supreme Court
This was an action of ejectment for land, in the town of Rochester, in the county of Ulster. The cause was tried before Mr. Justice Tompkins, at the Ulster circuit, the 18th of June, 1806. At the trial, the plaintiff produced a deed from Leonard Cole to Josaphat Dubois, dated the 30th of October, 1751, for certain lands therein described in fee.
Read the full summary
This was an action of ejectment for land, in the town of Rochester, in the county of Ulster. The cause was tried before Mr. Justice Tompkins, at the Ulster circuit, the 18th of June, 1806. At the trial, the plaintiff produced a deed from Leonard Cole to Josaphat Dubois, dated the 30th of October, 1751, for certain lands therein described in fee. Dubois died during the French war, leaving three children, two of which Cornelia and Catharine, are lessors of the plaintiff; the other died without issue. By his last will, dated the 4th of September, 1757, J. Dubois devised his es- * tate to his…
1Opinion of the Court
Kent, Cb. J. delivered the opinion of the court.
This case presents two points : 1. The validity of the plaintiff’s title, as deduced under the deed from the trustees of Rochester to Leonard Cole, bearing date the 18th of Novmber, 1714.
2. The weight of the defence of adverse possession.
1st. The deed to Cole was admissible in evidence, asa competent and valid deed. There is no colour for the suggestion, that the freeholders and inhabitants of Rochester were incorporated as a body politic, by the patent of 1703. That patent is in the usual form of a grant, in fee, to Colonel Beckman, and two…
2Cited by13 opinions
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Polack v. McGrathCalifornia Supreme Court · 1867
- Same v. SameNebraska Supreme Court · 1885
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
- David v. WhiteheadWyoming Supreme Court · 1904
8 more not listed; retrieve them via the Exa API.