Jackson v. Perkins
New York Supreme Court
This was an action of ejectment brought for the recovery of the moiety of two lots of land in1* the county of St. Lawrence> tried at the circuit in that county, in July, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges.
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This was an action of ejectment brought for the recovery of the moiety of two lots of land in1* the county of St. Lawrence> tried at the circuit in that county, in July, 1827, before the Hon. Reuben Hyde Walworth, then one of the circuit judges. Title was shewn in the lessors of the plaintiff, by proving Am, one of the lessors of the plaintiff, the wife of the other lessor, to whom she was married in May, 1801, to be one of children and heirs at law of Matthew Visscher, to whom _ ... the premises in question were conveyed by the original patentee in 1791. Matthew Vischer died in 1793; his…
1Opinion of the Court
By the Court, Sutherland, J.
The first question in this ease is, whether the deposition of Mrs." Visscher was properly admitted in evidence. The judge permitted it to be read upon the stipulation of the plaintiff’s counsel that a judgment of nonsuit might be entered, if the supreme court, upon a case made, should be of opinion that the deposition ought not to have been receivéd. It was taken under the act “ to perpetuate the testimony of witnesses in certain cases,” (1 R. L. 455.) It was objected to on three grounds : 1. Because the affidavit of Ten Eyck, upon whose application the order for…
2Cited by26 opinions
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- Vaughan v. GodmanIndiana Supreme Court · 1884
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