Legal Opinion

Siglar v. Van Riper

New York Supreme Court

Decided May 15, 1833PublishedCited by 30 opinions

This was an action of ejectment, tried at the Seneca circuit, before the Hon. Daniel Mosely, one of the circuit judges. The plaintiff stated in his declaration, that on the 29th January, 1825, he was possessed of the one equal, undivided eighth part of a certain piece or parcel of land, with the appurtenances, situate, &c. containing about 50 acres, which undivided eighth part he claimed in fee ; and being so possessed, the defendant afterwards, to wit, on the 3d May, 1825,…

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This was an action of ejectment, tried at the Seneca circuit, before the Hon. Daniel Mosely, one of the circuit judges. The plaintiff stated in his declaration, that on the 29th January, 1825, he was possessed of the one equal, undivided eighth part of a certain piece or parcel of land, with the appurtenances, situate, &c. containing about 50 acres, which undivided eighth part he claimed in fee ; and being so possessed, the defendant afterwards, to wit, on the 3d May, 1825, entered into and upon the said undivided eighth part of the said premises, and ejected the plaintiff therefrom, and…

1Opinion of the Court

By the Court,

Savage, Ch, J,

The defendant asks for a new trial on the following grounds : 1. It is said that no ouster was proved, and that the ouster should have been shewn to have been made before the 3d of May, 1825, the day laid in the declaration; 2. That the plaintiff’s title was not proved as stated in his declaration; 3. That demand should have been made of some person interested, and not merely of the tenant in possession; and 4. That the plaintiff shewed no proof of an entry by himself or his ancestors.

The declaration states, that on the 29th January, 1825, the plaintiff was…

2Cited by30 opinions

  1. O'Donoghue v. . BoiesNew York Court of Appeals · 1899
  2. Culver v. . RhodesNew York Court of Appeals · 1882
  3. Coogler v. RogersSupreme Court of Florida · 1889
  4. Wright v. . SaddlerNew York Court of Appeals · 1859
  5. Salmon v. WilsonCalifornia Supreme Court · 1871

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