Den v. Snowhill
Supreme Court of New Jersey
This was an action of ejectment, tried at the Middlesex Circuit. The declaration contained but one count for several tracts of land. The demise was stated to have been made on the thirteenth day of May, 1829; under which the plaintiff entered and the ouster was averred to have taken place on the same day. It appeared in evidence on the trial, that the declaration and notice were served on the tenant in possession on an antecedent day, the twelth day of the same month.
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This was an action of ejectment, tried at the Middlesex Circuit. The declaration contained but one count for several tracts of land. The demise was stated to have been made on the thirteenth day of May, 1829; under which the plaintiff entered and the ouster was averred to have taken place on the same day. It appeared in evidence on the trial, that the declaration and notice were served on the tenant in possession on an antecedent day, the twelth day of the same month. The plaintiff 'having rested, the defendant moved for a non-suit, which was overruled, and a verdict rendered in favor of the…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
Daniel Snowhill became defendant in this action of ejectment at his own request, in the stead of Oliver Johnston, on whom the declaration and notice to appear were served. Upon the trial a verdict was rendered against him, which he now seeks to set aside.
1. In the first place he alleges that the verdict was given for the plaintiff, without proof that Oliver Johnston was in possession of the demanded premises at the commencement of the action.
The premises in question were denominated on the trial and at the argument here, “ the one hundred…
2Cases cited4 opinions
- Blackwell v. Patton & Irwin's LesseeSupreme Court of the United States · 1813
- Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
- Jackson v. WoodsNew York Supreme Court · 1810
- Jackson ex dem. Roman v. SidneyNew York Supreme Court · 1815