Legal Opinion

Jackson ex dem. Livingston v. Walker

New York Supreme Court

Decided October 15, 1827PublishedCited by 15 opinions

Ejectment; tried at the Chenango circuit, July, 1826, before Helson, C, Judge; when the jury found a verdict for the defendant.

1Opinion of the Court

Curia, per Woodworth, J.

This is an action of ejectment, to recover lot No. 6, in a patent granted to Morris and Treat, in the county of Chenango.

The plaintiff proved a power of attorney, from his lessor to Joseph Juliand, junior, dated March 2d, 1821, whereby Juliand was authorized to enter upon the premises; and to sell them, or contract for their sale.

In pursuance of this power, he contracted to sell the lot to John J. Storm, upon certain terms expressed in a written agreement, dated April 26th, 1823.

It appeared at the trial that the defendant held the possession under Peter B. Garnsey.

*In…

2Cases cited4 opinions

  1. Smith v. StewartNew York Supreme Court · 1810
  2. Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
  3. Jackson v. RightmyreNew York Supreme Court · 1819
  4. Jackson ex dem. Brown v. AyersNew York Supreme Court · 1817

3Cited by15 opinions

  1. Winans v. ChristyCalifornia Supreme Court · 1854
  2. Whitney v. WrightNew York Supreme Court · 1836
  3. Miller v. HardinSupreme Court of Missouri · 1877
  4. Williams v. SwetlandSupreme Court of Iowa · 1859
  5. Birnie v. MainSupreme Court of Arkansas · 1874

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