Overing v. Russell
New York Supreme Court
THIS was an. action to recover the possession of real estate. It was tried at the Delaware circuit, before Justice Balcom. The plaintiff showed a perfect paper title, against the defendant. The defense was adverse possession. The defendant proved that he had been in possession of the premises, claiming them as owner, for 26 or 27 years; and that he had inclosed the same, and cleared and cultivated them.
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THIS was an. action to recover the possession of real estate. It was tried at the Delaware circuit, before Justice Balcom. The plaintiff showed a perfect paper title, against the defendant. The defense was adverse possession. The defendant proved that he had been in possession of the premises, claiming them as owner, for 26 or 27 years; and that he had inclosed the same, and cleared and cultivated them. And he showed a perfect defense of adverse possession; unless the fact of his being an alien deprived him of the right to assert such a defense. The judge, at the circuit, held that the…
1Opinion of the CourtMason, J.
This is an action of ejectment, and the defense was adverse possession for 26 or 27 years, under a claim of ownership on the part of the defendant. The defendant was all the time, and still is an alien, never having taken any steps to qualify himself to hold real estate. The judge, at the circuit, held that the defendant, being an alien, could not acquire title to these lands by adverse possession. To this ruling, the defendant by his counsel duly excepted. The defendant’s counsel then insisted, and asked the court to rule that the defendant, though an alien, was capable of holding and…
2Cases cited4 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Mick v. MickNew York Supreme Court · 1833
- Bradstreet v. Supervisors of OneidaNew York Supreme Court · 1835
- Currin v. FinnNew York Supreme Court · 1846