Jackson ex dem. Malin v. Malin
New York Supreme Court
THIS was an action of ejectment, brought to recover lands J . ° in Jerusalem, in township No. 7, in the second range of townships in the county of Ontario.
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THIS was an action of ejectment, brought to recover lands J . ° in Jerusalem, in township No. 7, in the second range of townships in the county of Ontario. The cause was tried before Mr. J. Spencer, at the Ontario circuit, in July, 1817. Sarah Richards died in November or December, 1793, seised of the land in question, under a regular title, leaving the lessor of the plaintiff, her only child, who subsequently married one E. Malin, since deceased, and claims the premises as heir at law of her mother. The defendant claims as devisee of Sarah Richards, and at the trial, produced and proved her…
1Opinion of the CourtPlatt, J.
The affidavits on the part of the defendant show no grounds for a new trial., There is no newly discovered evidence ; nor was there any surprise. The defendant was fully apprized before the trial of what Wm. Stewart now swears, and actually subpoenaed him; and instead of moving to postpone the trial, for the want of his testimony, she voluntarily chose to take her chance without him. Unless there be other grounds, therefore, the defendant must abide by the verdict.
On the merits of the case, the plaintiff proved title in his lessor, as sole heir of Sarah Richards, who is admitted to have died…
2Cited by17 opinions
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Bigelow v. StilphenSupreme Court of Vermont · 1863
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Cutts v. United StatesU.S. Circuit Court for the District of Massachusetts · 1812
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