House v. . McCormick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered on the decision of the court upon trial without a jury. The action was ejectment for a lot of land in Brooklyn. The plaintiff recovered the whole lot. The defendant claims on this appeal that he should have recovered ten-elevenths only.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered on the decision of the court upon trial without a jury. The action was ejectment for a lot of land in Brooklyn. The plaintiff recovered the whole lot. The defendant claims on this appeal that he should have recovered ten-elevenths only. The lot in question is part of a farm which formerly belonged to Samuel Jackson, generally known as the hay-scale farm. In 1832 he conveyed it to John Jackson “for and during his natural life, and after his decease…
1Opinion of the Court
Lott, Ch. C.
It is settled by the decisions of the Court of Appeals, that Bichard Jackson, as one of the heirs of John Jackson, his father, and by virtue of the grants in the partition deed executed to him by his brothers and his sisters, who survived the said John Jackson, acquired on his decease a perfect title to ten-elevenths of the lots and premises included in that deed, irrespective of the covenants contained therein; that the estate or interest of Fanny Baldwin, a sister, who was also a grantor therein, although vested, was determinable by her death before her father; that, by the…
2Cases cited2 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Sheridan v. HouseNew York Court of Appeals · 1868
3Cited by21 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Sherman v. . KaneNew York Court of Appeals · 1881
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Murray v. NewsonSupreme Court of Florida · 1933
- Ellison Associates v. Eastwood Management Corp. (In Re Ellison Associates)United States Bankruptcy Court, S.D. New York · 1981
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