Truax v. Thorn
New York Supreme Court
This was an action of ejectment, brought to recover four equal undivided ninth parts of certain premises in the city of Albany. The cause was tried at the Albany circuit, in October, 1845, before Mr. Justice Beardsley. The plaintiff proved title to one undivided third part of the premises, under a master’s deed, executed on a sale in partition in the late court of chancery.
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This was an action of ejectment, brought to recover four equal undivided ninth parts of certain premises in the city of Albany. The cause was tried at the Albany circuit, in October, 1845, before Mr. Justice Beardsley. The plaintiff proved title to one undivided third part of the premises, under a master’s deed, executed on a sale in partition in the late court of chancery. The defendant held under William McCaskey, who had a deed of the premises from some of the heirs at law of the former owner. Two questions of law were decided by the judge, against the defendant; to which decisions he…
1Opinion of the Court
By the Court, Parker, J.
The declaration in this cause was for four undivided ninth parts of the premises. The plaintiff proved title to one undivided third part only. The defendant moved for a nonsuit on account of the variance. The motion was overruled by the judge, and the defendant ex*157cepted. The first question, therefore, for our determination is, whether the judge erred in this decision. The ninth section 2 R. S. 231, requires the plaintiff, if he claims any undivided share or interest in any premises, to state the same in his declaration. The 30th section provides, that if the verdict be…
2Cases cited7 opinions
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- Taylor v. BetsfordNew York Supreme Court · 1816
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- Hinman v. BoothNew York Supreme Court · 1839
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3Cited by5 opinions
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- Stevens v. PalmerThe Superior Court of New York City · 1862