Jackson ex dem. Van Buskirk v. Claw
New York Supreme Court
EJECTMENT for land in Cocksackie, tried at the Greens c¡rcu¡t jn December last, before Mr. Justice Van Mess. 9 1 The plaintiff proved, that John A. Van Buskirk owned the farm on which the defendant now lives, and sold it to the defendant, about 15 years before the trial.
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EJECTMENT for land in Cocksackie, tried at the Greens c¡rcu¡t jn December last, before Mr. Justice Van Mess. 9 1 The plaintiff proved, that John A. Van Buskirk owned the farm on which the defendant now lives, and sold it to the defendant, about 15 years before the trial. That the lessor of 5he plaintiff, Hannah Van Buskirk, as widow of John A. Van Buskirk, presented her petition to the Court of Common Pleas of Greene county, to have her dower in the farm so purchased and occupied by the defendant, set off to her, and admeasurers were accordingly appointed, who made their report, setting off…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. *349The only question reserved for the consideration of the Court, is whether the lessor of the plaintiff was the wife of John A. Van Buskirk, at the time of his deaths It is not pretended, if she was his wife, that she is not entitled to recover. It appears that Van Buskirk and the lessor cohabited as man and wife, at and near Cocksackie, between thirty-five and forty years, and hada number of children, the eldest of whom is about thirty-seven years old. On the part of the defendant, it was found, that Van Buskirk, in 1779, cohabited with a…
2Cited by29 opinions
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Rose v. ClarkNew York Court of Chancery · 1841
- Badger v. . BadgerNew York Court of Appeals · 1882
- Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902
- Weatherford v. WeatherfordSupreme Court of Alabama · 1852
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