Sharp v. Brandow
New York Supreme Court
This was an action of ejectment, tried at the Greene circuit in April, 1834, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs showed title to the one sixth of a lot of land in the Hardenburgh patent, called lot No. 43, containing about 1500 acres, under a deed executed by John Emmons, to Nicholas ICiersted, bearing date 27th December, 1792, and claimed to recover 2643 acres of land, of which the defendant acknowledged himself to be in possession.
Read the full summary
This was an action of ejectment, tried at the Greene circuit in April, 1834, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiffs showed title to the one sixth of a lot of land in the Hardenburgh patent, called lot No. 43, containing about 1500 acres, under a deed executed by John Emmons, to Nicholas ICiersted, bearing date 27th December, 1792, and claimed to recover 2643 acres of land, of which the defendant acknowledged himself to be in possession. The defendant relied upon adverse possession for his defence. He produced in evidence a deed from Emmons, the grantor of…
1Opinion of the Court
By the Court,
Nelson, C. J.
The deed from Becker and Boyd purported to convey to the defendant one undevided part of lot No. 43, and it is by virtue of an entry and occupation under it that the defendant claims a possession adverse to the plaintiffs, who are undoubtedly the legal owners. Such possession would not be adverse to the other co-tenants, but is in accordance with their title, and would' enure to their benefit. The plaintiffs, however, are not his co-tenants ; the defendant holds in hostility to them, claiming by deed the title which they assert to the premises. The possession would…
2Cases cited4 opinions
- McCormick v. BarnumNew York Supreme Court · 1833
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
- Jackson, ex rel. Constantine v. WarfordNew York Supreme Court · 1831
3Cited by4 opinions
- Munro v. MerchantNew York Supreme Court · 1858
- Beach v. Mayor of New YorkNew York Supreme Court · 1872
- Gouverneur v. National Ice Co.New York Supreme Court · 1890
- The People v. . Van RensselaerNew York Court of Appeals · 1853