Jackson ex dem. Newkirk v. Embler
New York Supreme Court
THIS was an action of ejectment, brought to recover five eighths of a farm in the town of Montgomery, in the county of Orange. The cause wás tried before Mr. Justice Platt, at the . . . t. . Orange circuit, in September, 1816, when a verdict was taken 07 * ^or plaintiff for five eighths of the premises in question, ject to the opinion of the court.
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THIS was an action of ejectment, brought to recover five eighths of a farm in the town of Montgomery, in the county of Orange. The cause wás tried before Mr. Justice Platt, at the . . . t. . Orange circuit, in September, 1816, when a verdict was taken 07 * ^or plaintiff for five eighths of the premises in question, ject to the opinion of the court. The lessors of the plaintiff were five of the heirs at law oí Henry Newkirk, who died about the year 1798, leaving eight children his heirs at law, after having made his will, dated, the 19th of June, 1797, in which were contained the following and…
1Per curiam
The lessors of the plaintiff claim five eighths of the premises as heirs at law of Henry Newkirk, deceased ; •and the defendant claims under title derived from the will of Henry Newkirk, by which the premises are claimed as devised to his son James Newkirk. The words of the will are, “ I give, devise, and bequeath, to my son, James Newkirk, the two lots of land Nos. 5. and 6. in the last division of the five thousand acre tract, containing one hundred and forty acres.” James Newkirk died before the commencement of this suit; and the only question is, whether, under the above devise, he took a…
2Cited by4 opinions
- Lippen v. EldredNew York Supreme Court · 1848
- Wilson v. EdmondsSuperior Court of New Hampshire · 1852
- Lummus v. MitchellSupreme Court of New Hampshire · 1856
- Sargent v. TowneMassachusetts Supreme Judicial Court · 1813