White v. Evans
New York Supreme Court
THIS is an appeal by the plaintiff from a judgment in ejectment, rendered in favor of the defendant, in an action tried at the Eensselaer circuit, in October, 1864. The defendant being in possession of the premises, and having had a conveyance thereof, in the usual form, in 1852, from Elizabeth Tift, in 1854 mortgaged the same to the plaintiff.
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THIS is an appeal by the plaintiff from a judgment in ejectment, rendered in favor of the defendant, in an action tried at the Eensselaer circuit, in October, 1864. The defendant being in possession of the premises, and having had a conveyance thereof, in the usual form, in 1852, from Elizabeth Tift, in 1854 mortgaged the same to the plaintiff. In July, 1862, an action was commenced for the foreclosure of this mortgage, and the defendant, his wife, Darius Allen and others were made parties defendant in that action, and the summons was served on them. Judgment of foreclosure was obtained and…
1Opinion of the Court
By the Court, Hogeboom, J.
This is an action of ejectment ; and the question is whether the plaintiff had title and right of possession of the premises, at the time of the commencement of this action. The defendant was in possession, and had been, for some ten years before. In 1854 the defendant had title to the premises in dispute. This we may assume , for, in addition to its being distinctly proved, it is conceded by both parties. The plaintiff claims that it was a title in fee simple absolute. The defendant that it was a title under a lease or deed in fee, subject to a rent charge for the…
2Cases cited5 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Campbell v. . HallNew York Court of Appeals · 1858
- Barber v. HarrisNew York Supreme Court · 1836
- Ainslie v. Mayor of New-YorkNew York Supreme Court · 1847
- Knauth v. BassettNew York Supreme Court · 1861
3Cited by4 opinions
- Dorff v. BornsteinNew York Court of Appeals · 1938
- Bennett v. CouchmanNew York Supreme Court · 1866
- Batterman v. AlbrightNew York Supreme Court · 1887
- Westbrook v. . GleasonNew York Court of Appeals · 1879