Van Hoesen v. Benham
New York Supreme Court
This was an action of ejectment. On the trial of the cause the circuit judge refused to receive in evidence a deposition taken to perpetuate testimony, on the ground of the incompetency of the witness. A verdict was found for the defendant, and on the motion of the plaintiff a new trial was ordered by this court, for the error of the judge in rejecting the testimony. The opinion discloses the grounds upon which the new trial was ordered.
1Opinion of the Court
By the Court,
Bronson, J.
The plaintiff, as a part of his claim of title, gave in evidence a deed to himself with covenants of warranty, from Jacob Yan Van Hoesen, dated 7th June, 1816. The deposition of Van Hoesen, the grantor, as a witness for the plaintiff, had been taken pursuant to the Revised Statutes, 2 R. S. 391, art. 1, the plaintiff having first released the witness from all the. covenants in the deed. On the trial, it being admitted that the witness was dead, the plaintiff offered to read the deposition in evidence, for the purpose of rebutting the defence of adverse possession. The…
2Cases cited1 opinion
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
3Cited by8 opinions
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