Legal Opinion

Smith ex dem. Teller v. Burtis

New York Supreme Court

Decided August 15, 1812PublishedCited by 36 opinions

THIS was an action of ejectment, to recover a house and lot of ground, in the 5th ward of the city of Nerv-York. (See S. C. vol. 6. p. 197.) e The cause was tried before the Chief Justice, at the Nerv-York sittings, in December, 1810. The plaintiff proved that Isaac TelZer entered into possession of the premises, claiming the same as ]jjs own some time between the years 1760 and 1765, and erected a brick house thereon, in which he lived with his family, until the month of…

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THIS was an action of ejectment, to recover a house and lot of ground, in the 5th ward of the city of Nerv-York. (See S. C. vol. 6. p. 197.) e The cause was tried before the Chief Justice, at the Nerv-York sittings, in December, 1810. The plaintiff proved that Isaac TelZer entered into possession of the premises, claiming the same as ]jjs own some time between the years 1760 and 1765, and erected a brick house thereon, in which he lived with his family, until the month of June, 1775, when he died in possession of the premises; that Isaac Teller, at the time of his death, had five children, to…

1Opinion of the CourtSpencer, J.

On the argument, two points were chiefly relied on, for anew trial; 1. The discovery of material evidence since the trial, as to the location of the premises, connected with the allegation of surprise; and, 2. The overruling of evidence that’ Theophilus Beekman entered in 1796, claiming to be a tenant in common, under the same title with the plaintiff.

*179The view I have taken of the second point, renders it nnnecessary for me minutely to consider the first; though, from a carefiil review of the testimony, it appears to me that the weight of evidence is against the verdict. The fact testified to…

2Cited by36 opinions

  1. Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
  2. La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
  4. Culver v. . RhodesNew York Court of Appeals · 1882
  5. Sands v. . HughesNew York Court of Appeals · 1873

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