Jackson ex dem. Colden v. Walsh
New York Supreme Court
This was an action of ejectment brought to recover a lot of land, called No 31, being part of a lot of 100 acres, situate in the town of Newburgh. The cause came before the court on a bill of exceptions taken at the trial. The plaintiff made out a title in Cadwallader Colden, to the 1 » , lot of 100 acres, of which the premises m question are a part, and the title of the plaintiff, by descent from Cadwallader Col-was admitted.
Read the full summary
This was an action of ejectment brought to recover a lot of land, called No 31, being part of a lot of 100 acres, situate in the town of Newburgh. The cause came before the court on a bill of exceptions taken at the trial. The plaintiff made out a title in Cadwallader Colden, to the 1 » , lot of 100 acres, of which the premises m question are a part, and the title of the plaintiff, by descent from Cadwallader Col-was admitted. The defendant then save in evidence a cerp tificate of Silvanus Miller, Esquire, surrogate of the city and county of NewYork, under his seal of office, dated the 19 th…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. It is not denied that the lessor of the plaintiff has shown title to the premises in question, by descent, from Cadwallader Golden, and is entitled to recover, unless the defendant has made out a title derived from Cadwallader Golden. The first question that arises, on the part of the defence, is, as to the sufficiency of the proof of C. Colden's will. This proof consists of a certificate given by the Surrogate of New-York, under the 21st section of the act concerning wills, (l N. R. L, 368.) accompanied with an exemplification of the record…
2Cases cited1 opinion
- Manning v. ManningNew York Court of Chancery · 1815
3Cited by14 opinions
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Otis v. KennedyMichigan Supreme Court · 1895
- Mead v. Chesbrough Bldg. Co.Court of Appeals for the Second Circuit · 1907
- Lockwood v. MillsIllinois Supreme Court · 1864
9 more not listed; retrieve them via the Exa API.