Jackson ex dem. Lansing v. Chamberlain
New York Supreme Court
This was an action of ejectment, tried at the Tompkins circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The action was brought for the recovery of the survey fifty acres in lot No. 93, Ulysses.
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This was an action of ejectment, tried at the Tompkins circuit in January, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The action was brought for the recovery of the survey fifty acres in lot No. 93, Ulysses. The lessor of the plaintiff produced in evidence a deed of the premises in question from the surveyor-general Richard Edwards, bearing date the 20th July, 1792, duly acknowledged 22d August, 1829; and also produced a deed of the same premises from Richard Edwards to the lessor of the plaintiff, purporting to bear date 1st June, 1793, and to have been executed by…
1Opinion of the Court
By the Court, Savage, C. J.
Both parties claim title under Edwards. The important questions, therefore, are 1st, whether the deed from Edwards to the lessor was sufficiently proved; and if so, 2d, whether the lessor acquired title under it as against a subsequent bona fide purchaser.
The proof was sufficient; the plaintiff shewed the absence of one witness positively, and proved his hand writing, and the hand writing of the grantor; he also proved prima facie *624the death or probable absence from the state of the other witness_ Inquiry was made in the place of her former residence, and within 14…
2Cited by23 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Hartford Life & Annuity Insurance v. GrayIllinois Supreme Court · 1875
- Rooker v. RookerIndiana Supreme Court · 1881
- Johnson v. Equitable Securities Co.Supreme Court of Georgia · 1902
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