Fosgate v. Herkimer Manufacturing & Hydraulic Co.
New York Supreme Court
This was an action of ejectment, tried before the Hon. Charles Mason, one of the justices of this court, at the Herkimer circuit, in October, 1849. On the trial the plaintiffs gave in evidence a warranty deed executed by Asa Gifford and wife to John Suiter, dated the twenty-seventh day of September, 1811, aclcnoAvledged on the same day, and recorded in the clerk’s office of Herkimer county on the twenty-fourth day of December, 1811, expressing a consideration of eleven…
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This was an action of ejectment, tried before the Hon. Charles Mason, one of the justices of this court, at the Herkimer circuit, in October, 1849. On the trial the plaintiffs gave in evidence a warranty deed executed by Asa Gifford and wife to John Suiter, dated the twenty-seventh day of September, 1811, aclcnoAvledged on the same day, and recorded in the clerk’s office of Herkimer county on the twenty-fourth day of December, 1811, expressing a consideration of eleven hundred dollars, and conveying the lands and premises described in the complaint in this action. Also a deed with covenants…
1Opinion of the Court
By the Court, Gridley, J,
It is not denied by the counsel for the plaintiffs, that more than twenty years of adverse possession had elapsed, when this action was commenced. The title and possession accrued to the father of the plaintiffs, on, or very soon after, the 31st day of December, 1827; and the present action was commenced on one of the last days of March, 1849, The time, therefore, though sufficient to bar an action of ejectment proper, is not enough to bar an action of ejectment which is brought in the lieu of a writ of right.
I. This action is brought in the place of a writ of right.…
2Cases cited3 opinions
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
- McCormick v. BarnumNew York Supreme Court · 1833
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1807
3Cited by2 opinions
- Poor v. HortonNew York Supreme Court · 1853
- Rosseel v. WickhamNew York Supreme Court · 1862