Williams v. Woodard
New York Supreme Court
Demurrer to count in writ of right. By the writ, the sheriff is directed to command the defendant to render to the demandant one messuage, 200 acres of meadow land, &c. which the demandant claims to be his right and inheritance, and whereof he complains that the defendant deforces him, and unless, &c. and if, &c. to summon, &c.
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Demurrer to count in writ of right. By the writ, the sheriff is directed to command the defendant to render to the demandant one messuage, 200 acres of meadow land, &c. which the demandant claims to be his right and inheritance, and whereof he complains that the defendant deforces him, and unless, &c. and if, &c. to summon, &c. In the count the demand-ant demands one messuage, &c. as by right and inheritance, by writ of the people of the state of New-York of right, and therefore saith that John Williams, esquire, late of, &c. the father of •the demandant, long before and at the time of making…
1Opinion of the Court
By the Court,
Sutherland, J.
This is a demurrer to the plaintiff’s count in a writ of right ; and the main question which it presents upon the merits is whether a writ of right can be sustained by a divisee upon the seisin of his testator. It seems to be- well settled by the English authorities that it cannot. In Coke Lit. 293, a., Commentary on § 514, it is said, if neither he, the demandant, nor any of his ancestors were seised of the land within the time of limitation, he cannot maintain a writ of right, for the seisin of him of whom the demandant himself purchased the land availeth not Mr.…
2Cases cited1 opinion
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by8 opinions
- Henry v. ThorpeSupreme Court of Alabama · 1848
- Varick v. EdwardsNew York Court of Chancery · 1840
- Poor v. HortonNew York Supreme Court · 1853
- Dunckle v. WilesNew York Supreme Court · 1849
- Bishop v. EarlNew York Supreme Court · 1837
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