Bayard v. Colefax
United States Circuit Court
At law. Ejectment [by the lessee of Bay-ard against Oolefax and Schuyler] for a part of a certain tract of land lying in the county of Morris, called the Bog or Fly meadow. The cause came before the court upon a demurrer to the evidence, taken by the defendants, and joined by the lessor of the plaintiff.
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At law. Ejectment [by the lessee of Bay-ard against Oolefax and Schuyler] for a part of a certain tract of land lying in the county of Morris, called the Bog or Fly meadow. The cause came before the court upon a demurrer to the evidence, taken by the defendants, and joined by the lessor of the plaintiff. The facts stated in the demurrer are as follows: The heirs and legal representatives of Anthony Brockholst, Aarent Schuyler, and Nicholas Bayard, who had died-seised of the above tract of land, each entitled to one equal third part thereof, in common; finding it inconvenient, if not…
1Opinion of the Court
WASHINGTON, Circuit Justice,
after stating the case, proceeded.
Upon the facts stated in the demurrer, the defendants’ counsel have raised the following objections to the plaintiff’s recovery:
1. That it does not appear that the lessor of the plaintiff, or those under whom he claims, was in possession of the premises at any time within twenty years prior to the bringing of this action, and consequently that his action is barred by the act of limitations of this state, passed in the year 1799, [Peo. 7; 23 Sess. Laws, 430.]
To this objection, it is a conclusive answer, that by tlie conveyance to…
2Cases cited1 opinion
- Jackson v. WoodsNew York Supreme Court · 1810
3Cited by2 opinions
- Rowe v. BeckettIndiana Supreme Court · 1868
- Lazarus v. PhelpsSupreme Court of the United States · 1895