Jackson ex dem. Roosevelt v. Wheat
New York Supreme Court
THIS was an action of ejectment, to recover part of let No. 21, in the second division of the Minisink patent, in t{ie town. 0f Deerparlc, The cause was tried at the ¿ . Orame circuit, on the 30th November, 1818, before Mr. ° _ , . Justice Van Nes$¡ when a verdict was taken for .the plaintin, to the of the court, on the following case : The plaintiffs claimed title to the premises in question, wilder the Minisink patent, dated 28th August, 1704. {Vid. ■sol. 16. p. 293.) On a…
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THIS was an action of ejectment, to recover part of let No. 21, in the second division of the Minisink patent, in t{ie town. 0f Deerparlc, The cause was tried at the ¿ . Orame circuit, on the 30th November, 1818, before Mr. ° _ , . Justice Van Nes$¡ when a verdict was taken for .the plaintin, to the of the court, on the following case : The plaintiffs claimed title to the premises in question, wilder the Minisink patent, dated 28th August, 1704. {Vid. ■sol. 16. p. 293.) On a division of the patent, lot 21, in the second division, became the separate property of Lancaster Symmes, one of the…
1Per curiam
1. The possession of the defendant was, undoubtedly, adverse : it has been continued for a period of between40 and 50 years, under a claim of title., by purchase from Gillet, who had a deed. It was not necessary to produce that deed, though called for by the plaintiff. Suppose the deed had been lost, or when produced was found to be defective, that could not have destroyed the effect of the defendant’s possession. In Smith v. Lorillard, (10 Johns. Rep. 356) Kent, Ch. J. said, “ that after a continued possession for twenty years, under pretence or claim of right, the actual possession ripens…
2Cited by14 opinions
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- East Tennessee Iron & Coal Co. v. WigginCourt of Appeals for the Sixth Circuit · 1895
- Lessee of Mercer v. SeldenSupreme Court of the United States · 1843
- De Mill v. MoffatMichigan Supreme Court · 1882
- Thompson v. SmithSupreme Court of Pennsylvania · 1821
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