Jackson ex dem. Clark v. Clark
New York Supreme Court
Ejectment. The lessor claimed title to one fifth of certain premises, as one of the heirs of his father, John Clark, on the ground that certain conveyances and devises from his father to the defendant were void. A. 8/ W. Clark, two of the lessors, brothers, had before brought ejectment, as heirs of their father, against the defendant, for two fifths of the same premises, in which suit the same ground was taken, but a verdict was found for the defendant.
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Ejectment. The lessor claimed title to one fifth of certain premises, as one of the heirs of his father, John Clark, on the ground that certain conveyances and devises from his father to the defendant were void. A. 8/ W. Clark, two of the lessors, brothers, had before brought ejectment, as heirs of their father, against the defendant, for two fifths of the same premises, in which suit the same ground was taken, but a verdict was found for the defendant. The costs of that suit, taxed1 at $185,80, are yet unpaid. And now,
1Opinion of the Court
Butler, for the defendant, moved that all proceedings in this cause be staid, until the payment of those costs. He ga¡¿ the same title was in question, as in the former action, and referred the Court to Adams on Ej. 319, 20, and the cases there cited, to show, that although the lessors are different, yet the same title being in question, is enough to warrant the rule applied for. He also cited Perkins v. Hinman, (19 John. 237.)
E. Williams, contra. Although the title is the same in both suits, yet the questions which relate to it may be altogether different. Confessions, infancy, &c. may…
2Cases cited1 opinion
- Perkins v. HinmanNew York Supreme Court · 1821
3Cited by1 opinion
- Ten Broeck v. ReynoldsNew York Supreme Court · 1856