Doe ex dem. Marston v. Butler
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit, in March, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The premises in question were claimed by the lessors of the plaintiff under a deed conveying the same with other lands, executed by Nichdlas Bayard to Thomas Marston and six others, as joint tenants, bearing date 20th December, 1771, duly acknowledged and recorded.
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This was an action of ejectment, tried at the New-York circuit, in March, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The premises in question were claimed by the lessors of the plaintiff under a deed conveying the same with other lands, executed by Nichdlas Bayard to Thomas Marston and six others, as joint tenants, bearing date 20th December, 1771, duly acknowledged and recorded. The consideration expressed in the deed was £10,000. Thomas Marston survived his co-grantees, and died himself in the beginning of the year 1814. He had four daughters, all of whom married and…
1Opinion of the Court
By the Court,
Sutherland, J.
I think the plaintiff was on the whole case, properly nonsuited. It is objected to a recovery under the first count, 1. That no possession is shéwn ever to have been taken by Bayard’s grantees, (of whom Marston was one,) under the conveyance to them of the 20th December, 1771; and 2. That no actual lease from Mars-ton, before his death, (which took place in January, 1814,) was proved ; and that the consent rule does not confess a lease which could not at the time be made.
First. Title and seisin are always considered united until a disseisin is shewii. (Co. Litt.…
2Cases cited3 opinions
- Jackson v. BradtNew York Supreme Court · 1804
- Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
- Austin v. Jackson, ex dem. KimberNew York Supreme Court · 1828
3Cited by20 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Allison v. SmithMichigan Supreme Court · 1868
- Demeyer v. LeggNew York Supreme Court · 1853
- Adams v. HodgkinsSupreme Judicial Court of Maine · 1912
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