Legal Opinion

Varick & Bacon v. Jackson

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1828PublishedCited by 27 opinions

Error from the supreme court. Medcef Eden, the father of Joseph and Medcef Eden, the younger, was in possession of a house and lot in the city of New-Yorlc, the premises in question, as early as the year 1782 or 1783, by his tenants, who paid him rent until his decease in September, 1798. Shortly before his death, he made his will, devising portions of his real estate, including the premises in question, to his son Joseph, and other portions to his son Medcef; providing,…

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Error from the supreme court. Medcef Eden, the father of Joseph and Medcef Eden, the younger, was in possession of a house and lot in the city of New-Yorlc, the premises in question, as early as the year 1782 or 1783, by his tenants, who paid him rent until his decease in September, 1798. Shortly before his death, he made his will, devising portions of his real estate, including the premises in question, to his son Joseph, and other portions to his son Medcef; providing, Chat if either died without lawful issue, his part should go to the survivor: and appointed his wife executrix, and his two…

1Opinion of the Court

The Cháncelos..

There was sufficient evidence in this; case to warrant the jury in finding, that the title to the premises in question was in Medcef Eden the elder, at the time lie made his will, and at the time of his death. He was in possession of the premises by his tenants, and claiming title thereto, immediately after the revolution; and such possession was continued under him and his devisee until 1805. This was sufficient evidence of ownership to entitle the plaintiff in the court below to recover against any person who could not show a better title. The jury were also justified in…

2Cited by27 opinions

  1. Bank of Utica v. MersereauNew York Court of Chancery · 1848
  2. Warren v. AdamsSupreme Court of Colorado · 1894
  3. Griffin v. SheffieldMississippi Supreme Court · 1860
  4. People v. . LadewNew York Court of Appeals · 1924
  5. Hanrahan v. . New York Edison Co.New York Court of Appeals · 1924

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