Smith ex dem. Teller v. Burtis
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession of a house and lot of land, in the city of 1 , , Nexv-York. The cause was tried at the Sittings, held in the city of New-York, the 12th of June, 1809, before Mr. _ . Justice ópencer.
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THIS was an action of ejectment, brought to recover the possession of a house and lot of land, in the city of 1 , , Nexv-York. The cause was tried at the Sittings, held in the city of New-York, the 12th of June, 1809, before Mr. _ . Justice ópencer. The plaintiff proved, that Isaac Teller entered into possession of the premises in question, about the year 1T6S, and erected a house thereon, in which he lived, 1 with his family, from 1765 to 1775, when he died in pos- • . , . . session. At the time of his death, he left five children, John, his eldest son, and heir at law, Henry, his second…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The first and most important question raised in this case is, whether a descent was cast, upon the death of Isaac Tel* ler, so as to toll the entry of the true owner.
The counsel, upon the argument, entered into a discussion of the general doctrine of disseisin; but I do not think it will be necessary to pursue at large that inquiry. All the books seem to agree that the ancient learning on ■ this subject has become abstruse. Disseisin, in the age. of Bracton, was considered in an extensive sense, and far beyond the idea which was first applied to…
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- Doe ex dem. Arden v. ThompsonNew York Supreme Court · 1826
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