Jackson ex dem. Merrick v. Post
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in March, 1827, before the Hon. Nathan Williams, then one of the circuit judges.
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This was an action of ejectment, tried at the Madison circuit in March, 1827, before the Hon. Nathan Williams, then one of the circuit judges. The lessor of the plaintiff, Thomas Merrick, 2d, claimed to recover 20 acres of land,conveyed to him by his father, Charles Merrick, by deed bearing date 25th April, 1807. The defendant held the premises by title derived under a sheriff’s sale, by virtue of a judgment against Charles Merrick, in favor of D. Hubbard and S. G. Willard, for $686,24, docketed on the 9th August, 1808. The sale under the judgment took place on the 1st April, 1809, when 89…
1Opinion of the Court
Per. Curiam.
The case is substantially the same as when heretofore before us, as reported in 9 Cowen, 120. It differs in some particulars: 1. The defendant offered to prove an agreement by parol of the plaintiff, that he would give up all claim to the 20 acres if Ten Eyck would become the purchaser at the sheriff’s sale, and give Charles Merrick time for redemption. This evidence was excluded, and in excluding it the judge was correct, and assigned a good reason for the decision; Thomas Merrick was not a party to the written agreement, and it cannot be contended that a parol agreement to…
2Cases cited2 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Lansing v. ChamberlainNew York Supreme Court · 1832
3Cited by51 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- White v. McGregorTexas Supreme Court · 1899
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Fenno v. SayreSupreme Court of Alabama · 1842
- Siemon v. . SchurckNew York Court of Appeals · 1864
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