Brandter, ex dem. Fitch v. Marshall
New York Supreme Court
Ejectment for lands in West Chester, tried in June, 1801, before the Chief Justice. The case stated that the plaintiff produced and proved: *lst. A paper signed Joseph Marshall, the father of the defendant, dated 6 th September, 1758, by which he acknowledged that he had, about six years before that period, taken possession of the land in question, under Thomas Fitch and John Raymond, and that he then held the same under them as his landlords. 2dly.
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Ejectment for lands in West Chester, tried in June, 1801, before the Chief Justice. The case stated that the plaintiff produced and proved: *lst. A paper signed Joseph Marshall, the father of the defendant, dated 6 th September, 1758, by which he acknowledged that he had, about six years before that period, taken possession of the land in question, under Thomas Fitch and John Raymond, and that he then held the same under them as his landlords. 2dly. The counterpart of a lease executed by the said Joseph Marshall, by which the said Thomas Fitch, and John Raymond demised to him the premises,…
1Opinion of the CourtLivingston, J.
This is a motion for a new trial for misdirection of the judge, and because of the verdict being against evidence.
The chief justice charged the jury, that if they believed the defendant held under his father, they should find for the plaintiff, which they did accordingly.
This direction and finding of the jurj were both correct.
When a person enters under another, and transfers the possession, his grantee is supposed to hold under the same title. Although the lease be expired, he will be regarded as holding by consent of the original landlord, and as his tenant at will; unless he can show that…
2Cases cited1 opinion
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
3Cited by1 opinion
- Luce v. CarleyNew York Supreme Court · 1840