Ryerss v. Rippey
New York Supreme Court
This was an action of Ejectment, tried at the Yates circuit in November, 1839, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of Ejectment, tried at the Yates circuit in November, 1839, before the Hon. Daniel Moseley, one of the circuit judges. The suit was commenced in July term, 1838. The plaintiffs having adduced such evidence as they relied upon in support of their claim to recover the premises in question, and rested, the defendants proved that in October term, 1835, an action of ejectment was commenced against them by Herman H. Bogert for the recovery of the premises in question, they at that time being tenants of John P. Ryerss, the ancestor of several of the plaintiffs in this cause, and…
1Opinion of the Court
By the Court,
Nelson, C. J.
All the questions raised by the defendants were disposed of on the argument except that in respect to the conclusive effect of the recovery in favor of Bogert.
The section of the Revised Statutes relied upon by the counsel for the defendants, is as follows: “ Every judgment in the action of ejectment rendered upon a verdict, shall be conclusive as to the title established in such action upon the party against whom the same is rendered, and against all persons claiming from, through or under such party, by title accruing after the commencement of such action,” 2 R. S.…
2Cases cited1 opinion
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by3 opinions
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Cadwallader v. HarrisIllinois Supreme Court · 1875
- National Fire Insurance v. McKaySuperior Court of Buffalo · 1867