Jackson ex dem. Southampton v. Cooly
New York Supreme Court
This was an action of ejectment. The cause was tried at the Montgomery circuit, in June, 1800, before Mr. Justice Radcliff. A verdict was taken for the plaintiffs, subject to the opinion of the court, on the following case. The heirs of Sir Peter Warren, were three daughters, to wit, Ann, married to Lord Southampton, the lessors, Charlotte, married to Lord Abingdon, and Susanna, married to General Skinner. All the heirs resided in Great Britain during the American war.
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This was an action of ejectment. The cause was tried at the Montgomery circuit, in June, 1800, before Mr. Justice Radcliff. A verdict was taken for the plaintiffs, subject to the opinion of the court, on the following case. The heirs of Sir Peter Warren, were three daughters, to wit, Ann, married to Lord Southampton, the lessors, Charlotte, married to Lord Abingdon, and Susanna, married to General Skinner. All the heirs resided in Great Britain during the American war. General Skinner and his wife both died subsequent to the year 1775, and during the war, leaving an only child, a daughter,…
1Opinion of the Court
*Per Curiam.
The plaintiff has not proved any seisin or title in the lessors, or those under whom he claims ; and the defendant has shown a title out of the lessors. The evidence about the agreement for a lease, which appears neverlo have been carried into effect, is not sufficient to give the plaintiff the possession. It does not appear that the defendant was put into possession by the lessors, or that he ever paid them any rent. The defendant must have judgment.
Judgment for the defendant.(b)(b) See Cowen & Hill’s notes to 1 Phill. Er. 201, 202.
2Cited by1 opinion
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