Jackson ex dem. Livingston v. Neely
New York Supreme Court
THIS was an action of ejectment for lot No. 39. in the town °f Homer, in the county of Courtlandt. The lessors of the pkmitiff are the heirs of Robert C. Livingston, who died in Au-£us^’ The lot was originally granted to John G. Guth, a soldier in the late war. The plaintiff gave in evidence a deed, dated the 5th of July, from John G. Guth to Robert C. Livingston, for the lot ire question.
Read the full summary
THIS was an action of ejectment for lot No. 39. in the town °f Homer, in the county of Courtlandt. The lessors of the pkmitiff are the heirs of Robert C. Livingston, who died in Au-£us^’ The lot was originally granted to John G. Guth, a soldier in the late war. The plaintiff gave in evidence a deed, dated the 5th of July, from John G. Guth to Robert C. Livingston, for the lot ire question. It recited a power of attorney from Guth to Leonard Bleecker, dated the 23d March, 1791, authorizing and empower§ Bleecker to sell and convey the lot, and was executed by ^leecker in the-name of Guth, as…
1Per curiam
The retention of a trunk of papers by the widow of the ancestor, and the loss of that trunk together with her house by fire, is sufficient to entitle the 'plaintiff to go into parol proof of the existence and contents of the letter of attorney. And the testimony of Bleecker is sufficient evidence of the existence of the power, and of his authority under it to execute the conveyance to the ancestor of the lessors. A jury, upon those facts, would have been warranted to have found the conveyance from Guth, the soldier, duly executed. The only remaining point, and one involved in the other, is,…
2Cited by7 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Thornton v. EppesSupreme Court of Florida · 1856
- Weeks v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1891
- Daughaday v. PaineSupreme Court of Minnesota · 1861
- Flint River Lumber Co. v. SmithSupreme Court of Georgia · 1905
2 more not listed; retrieve them via the Exa API.