McCarthy v. . Marsh

Appeal from the general term of the Supreme Court, in the first district, where a judgment entered on a verdict in favor of the plaintiff had been affirmed. This was an ejectment to recover possession of a lot of ground, No. 49 Walnut street, in the city of New York, of which the defendants, Charles Marsh and Benjamin Andrews, were in possession, at the commencement of the action; the latter died before the trial, and his heirs were substituted as parties. *On the trial, at the circuit, before Mitchell, J., it appeared, that Denis McCarthy, a naturalized citizen, died seised of the premises,…