Shepard v. Ryers
New York Supreme Court
THIS was an action of assumpsit. The declaration contained five counts on a special agreement, and the common indebitatus counts.
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THIS was an action of assumpsit. The declaration contained five counts on a special agreement, and the common indebitatus counts. The cause was tried before Mr. J. Plait, at the Tioga circuit, in June, 1817. At the trial, the plaintiff gave in evidence a covenant, or agreement, under seal, dated the 2d of November, 1809, and executed by the plaintiff and defendant, which was as follows : “ Whereas John Shepard, of the town of Athens, in the state of Pennsylvania, and John P. Ryers, of the town of Painted Post, in the state of New-York, were joint owners of a certain tract of land, situated in…
1Opinion of the Court
[Spencer, J.
No doubt he may, though no actual ouster proved.](a)
7. The deed from the plaintiff to Gibson and others, ought not to have been received in evidence, to show particular damages ; they are not mentioned in the declaration. (1 Chitty Pl. 333.)
Collier, contra. Though the plaintiff and defendant were, originally, tenants in common, yet before the agreement about the partition, the plaintiff had conveyed all his right and title, so that at the time of the agreement he was no longer a tenant in common with the plaintiff.
The evidence as to the release of the plaintiff was sufficient.…
2Cited by2 opinions
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