Enders v. Sternbergh
New York Supreme Court
APPEAL from, a judgment entered upon a verdict of a jury rendered in favor of the defendants at the Schoharie circuit, before Justice Ingalls. The action was ejectment,-to recover a farm of between fifty and sixty acres lying in the Morris & Coeyman’s patent, in Schoharie county, which was claimed by the plaintiffs as the heirs at law of Catharine and Elizabeth Sternbergh, deceased. The leading facts are stated in the report of the case in the Court of Appeals, in 33 Sow.
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APPEAL from, a judgment entered upon a verdict of a jury rendered in favor of the defendants at the Schoharie circuit, before Justice Ingalls. The action was ejectment,-to recover a farm of between fifty and sixty acres lying in the Morris & Coeyman’s patent, in Schoharie county, which was claimed by the plaintiffs as the heirs at law of Catharine and Elizabeth Sternbergh, deceased. The leading facts are stated in the report of the case in the Court of Appeals, in 33 Sow. Sr. 464. Upon the ■ last trial, the will referred to in the reported case was introduced in evidence. Some objections were…
1Opinion of the Court
By the Court, Miller, J.
The plaintiffs in this action claim to recover the premises in question upon the ground that Adam Sternbergh died seised and in possession of the premises, and being thus seised and possessed, by his will he devised them to Lambert Sternbergh second, his son, for life, and after his decease, to his sisters, from whom the plaintiffs are descended.
To entitle the plaintiffs to recover, they must establish title in Adam Sternbergh; and the most important question in this case, and the one upon which it must be actually determined, I think, is whether the plaintiffs have…
2Cases cited1 opinion
- Enders v. SternberghNew York Court of Appeals · 1864
3Cited by1 opinion
- Seders v. SternberghNew York Court of Appeals · 1869