Patrick v. Sherwood
U.S. Circuit Court for the District of Northern New York
This was an action of ejectment [by Matthew Patrick and wife against Elijah W. Sherwood]. The case was tried before the court, without a jury, under a stipulation that the finding of the court ón the evidence should be put into the form of a special verdict. The facts are sufficiently stated in the opinion of the court.
1Opinion of the Court
HALL, District Judge.
The defendant claims title under John De Mott, and he claimed the premises in controversy, at least in the first instance, as the purchaser thereof under a judgment and execution against •Matthew Patrick, one of the plaintiffs. Matthew Patrick had title to the premises only as tenant by the curtesy initiate, the title in fee to the premises sold being vested in his wife Deborah, the other plaintiff.
■ The defendant also claims title under a tax sale and a conveyance .to De Mott, his immediate grantor; but, as De Mott had an estate for life in the premises in controversy at…
2Cases cited2 opinions
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
- Jackson ex dem. Van Rensselaer v. AndrewNew York Supreme Court · 1821
3Cited by3 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Smith v. BlindburyMichigan Supreme Court · 1887
- Peirce v. BurroughsSupreme Court of New Hampshire · 1878