Symonds v. Peck
New York Supreme Court
This is. an action of ejectment; and it seems to have been admitted-upon the trial that on the 19th day of May, 1838, Philip Peck, jr., received, a. conveyance in fee of these premises from Philip Peck, sen., and both parties upon the trial claimed title from Philip Peck, jr. The plaintiff makes title through a trust deed from Philip Peck, jr., dated March 19, 1851, conveying the premises to him in trust, for the benefit of the creditors of the said Peck.
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This is. an action of ejectment; and it seems to have been admitted-upon the trial that on the 19th day of May, 1838, Philip Peck, jr., received, a. conveyance in fee of these premises from Philip Peck, sen., and both parties upon the trial claimed title from Philip Peck, jr. The plaintiff makes title through a trust deed from Philip Peck, jr., dated March 19, 1851, conveying the premises to him in trust, for the benefit of the creditors of the said Peck. The defendant, Henry Peck, alone answered, and set up the following title, .which he established by his evidence:— 1st. A judgment in the…
1Opinion of the Court
By the court—Mason, Justice.
The first question which I propose to consider is, the exception taken to the rejection of Philip Peck, jr., as a witness for the plaintiff. The 390th sec-' tion of the Code provides, that “ a party to the action may be examined as a witness at the instance of the adverse party, or any one of several adverse parties, and for that purpose may be compelled in the same manner, and subject to the same *398rules of examination as any otner witness, to testify, either at the trial, or conditionally, or upon commission.”
It is claimed and insisted, however, by the defendant,…
2Cases cited1 opinion
- Fitch v. BatesNew York Supreme Court · 1851
3Cited by2 opinions
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