Jackson ex dem. Vanderlyn v. Newton
New York Supreme Court
EJECTMENT for part of Lot No. 47, in Bainbridge. The cause was commenced in May term, 1818, and tried before M r. Justice Woodworth, at the Chenango circuit; in June, 1819. The lot, of which the premises aré a part, was patented to Timothy Church, in July, 178G. The plaintiff gave in evidence a judgment and execution against T. Church,- in. favour 0f James an¿ William, Anderson, in 1800, and a sheriff’s deed dated June 4, 1801, recorded Sept. 8, 1803, for lot No. 4?, sold…
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EJECTMENT for part of Lot No. 47, in Bainbridge. The cause was commenced in May term, 1818, and tried before M r. Justice Woodworth, at the Chenango circuit; in June, 1819. The lot, of which the premises aré a part, was patented to Timothy Church, in July, 178G. The plaintiff gave in evidence a judgment and execution against T. Church,- in. favour 0f James an¿ William, Anderson, in 1800, and a sheriff’s deed dated June 4, 1801, recorded Sept. 8, 1803, for lot No. 4?, sold under the judgment,, to James and William Anderson: also, a judgment in favour of John Taylor a-; gainst William Anderson,…
1Opinion of the Court
SpenckR, Ch. J.
delivered the opinion of the Court. An adverse possession in this case, for more than 20 years before *360the commencement of the suit, forms a decisive objection td the plaintiff’s recovery.
Timothy Church, who is admitted to have been the owner of lot No, 47, and under whom both parties claim, on the 19th of February, 1793, gave what Was considered by him and Joshua Newton, the grantee, a good and valid deed for the premises, being 100 acres of lot No. 47. Newton went into possession of this land in 1797, and sowed his first crop; and although he appears to contradict himself, as…
2Cases cited1 opinion
- Woods v. MonellNew York Court of Chancery · 1815
3Cited by22 opinions
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- Swift v. MulkeyOregon Supreme Court · 1886
- Cunningham v. . CassidyNew York Court of Appeals · 1858
- Morris v. RobeyIllinois Supreme Court · 1874
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
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