Dunckle v. Wiles
New York Supreme Court
This was a motion, by the defendant, for a new trial, on a bill of exceptions. The action was ejectment, and was tried before the Hon. Ira Harris, justice, at the Montgomery circuit. The cause had been once tried previously, and a new trial granted. The plaintiff sought to recover seven acres of land described as the northeast comer of lot No. 10 in a patent of land granted to Brodt and Livingston.
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This was a motion, by the defendant, for a new trial, on a bill of exceptions. The action was ejectment, and was tried before the Hon. Ira Harris, justice, at the Montgomery circuit. The cause had been once tried previously, and a new trial granted. The plaintiff sought to recover seven acres of land described as the northeast comer of lot No. 10 in a patent of land granted to Brodt and Livingston. The plaintiff gave in evidence letters patent to Brodt and Livingston, granted in 1738, for premises described in the bill of exceptions as follows: “ Situate in the town of Canajoharie and begins…
1Opinion of the CourtHand, J.
One question in this case is, whether the record of recovery in Jackson v. Dunckle is an estoppel, so as to bar the plaintiff of the right to set up title to the premises in question? The bill of exceptions upon which a new trial was granted in this cause upon that point, is not before us. The particular state of the cause, as it stood upon that hearing, can only be gathered from the opinion given upon granting a new trial. From that, I presume there was no such request to charge, as appears here. Jackson, the plaintiff in the former suit, is the grantor of the defendant’s grantor.…
2Cases cited4 opinions
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- People v. MauranNew York Supreme Court · 1848
- Rich v. RichNew York Supreme Court · 1837
- Williams v. WoodardNew York Supreme Court · 1831
3Cited by4 opinions
- Williams v. HackerSupreme Court of Colorado · 1891
- Baker v. RandNew York Supreme Court · 1852
- People ex rel. Allaben v. Board of SupervisorsNew York Supreme Court · 1856
- York Bank v. AsburyU.S. Circuit Court for the District of Southern Ohio · 1858