Roggen v. Avery
New York Supreme Court
APPEAL, by the defendant, from a judgment entered at the circuit, upon the verdict of a jury. The opinion sets forth the "material facts.
1Opinion of the Court
By the Court, P. Potter, J.
This was an action of ejectment, tried at the circuit in June, 1869, in which the plaintiff recovered a verdict for one undivided third of the premises claimed in the complaint.
The case is very voluminous, and many technical questions arise, but as the right of the plaintiff to recover depends chiefly upon the validity of a written instrument, it will only be necessary to pass upon that question, to determine the correctness of the verdict.
The plaintiff, by a deed of trust of June 1,1844, held certain real and personal estate of his sister, then Mary Bog-gen, to her…
2Cited by4 opinions
- Chamberlain v. . SpargurNew York Court of Appeals · 1881
- Herubin v. MalackowskiOneida County Court · 1920
- Chamberlain v. SpargurNew York Supreme Court · 1880
- Strough v. WilderNew York Supreme Court · 1888