Legal Opinion

Brown v. Kimball

New York Supreme Court

Decided December 15, 1840PublishedCited by 18 opinions

[ *260 ] *Error from the supreme court. Kimball and Rowe, in May, 1831, brought an action of ejectment against Brown and Davis for the recovery of a lot of land, part of Legge's patent, in the county of Essex. The cause was tried in January, 1836, before the Hon. Esek Cow-en, then one of the circuit judges.

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[ *260 ] *Error from the supreme court. Kimball and Rowe, in May, 1831, brought an action of ejectment against Brown and Davis for the recovery of a lot of land, part of Legge's patent, in the county of Essex. The cause was tried in January, 1836, before the Hon. Esek Cow-en, then one of the circuit judges. On the trial, the plaintiffs’ produced an exemplification of letters patent bearing date 26th June, 1769, granting to Francis Legge 5,000 acres of land, for military services, and also produced a deed from Francis Legge to William Rowe, one of the plaintiffs in the cause, bearing date 3rd…

1Opinion of the Court

After advisement, the following opinions were delivered:

By the Chancellor.

This is a writ of error brought by one of the defendants in an ejectment suit which was prosecuted against him and his co-defendant in the court below by Kimball & Rowe, to recover a lot of land in a patent of 5,000 acres granted by the colonial government, on the 26th of June, 1769, to Francis Legge, a reduced officer of the French war, for military services. The plaintiff in error, and Kimball, who is made a joint defendant in the writ of error with Rowe, in whose favor judgment was given in the court below, appear to…

2Cases cited1 opinion

  1. Mott v. DoughtyNew York Supreme Court · 1800

3Cited by18 opinions

  1. Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
  2. Stacy v. . GrahamNew York Court of Appeals · 1856
  3. Conrad v. GriffeySupreme Court of the United States · 1854
  4. Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
  5. Flournoy v. WardenSupreme Court of Missouri · 1853

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