Jackson ex dem. Krom v. Brink
New York Supreme Court
Ejectment, tried at the Ulster circuit, October 14th, 1823, before Betts, C. Judge. ' It appeared that Benjamin Krom, the father of the lessor of the plaintiff, died seised of the premises in question, a farm in Marbletown, Ulster county: leaving a wife and four children, the lessor being the eldest, and a child of a former wife. The widow entered into possession with her children.
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Ejectment, tried at the Ulster circuit, October 14th, 1823, before Betts, C. Judge. ' It appeared that Benjamin Krom, the father of the lessor of the plaintiff, died seised of the premises in question, a farm in Marbletown, Ulster county: leaving a wife and four children, the lessor being the eldest, and a child of a former wife. The widow entered into possession with her children. In 1798, the right and title of the lessor to the real estate of which his father died seised in Marble-town, was sold by the sheriff on a warrant from the county treasurer, against the lessor as a defaulting…
1Opinion of the Court
Curia, per Savage, Ch. J.
Admitting the first point to be correctly decided according to Jackson v. Delancey, (13 John. 551-2;) yet I think the judge erred on the other point. It is undoubtedly true, that the possession of one tenant in common, in general, enures to the benefit of all. But it is equally true, that one tenant in common, may oust his co-tenant, and hold adversely to him. It will not be presumed from a sole possession, unless accompanied with some notorious act, or claim, which is sufficient to give character to the possession. (5 Wheat. 124. 7 id. 120, 1.15 John. 501.)
In this…
2Cases cited4 opinions
- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Jackson v. ThomasNew York Supreme Court · 1819
- Perkins v. RamseySupreme Court of the United States · 1820
3Cited by12 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Sherman v. . KaneNew York Court of Appeals · 1881
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Cooey v. PorterWest Virginia Supreme Court · 1883
- Dubois v. CampauMichigan Supreme Court · 1873
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