Jackson ex dem. Gardner v. Laird
New York Supreme Court
THIS was ah action of ejectment, for lot No. 87. in th e township of Camillas. The cause was tried, at the last Onondaga circuit, and a verdict was found for the plaintiff. . , A motion was made, m behalf of the defendant, to set aside the verdict and for a new trial, on the discovery of new and material evidence, lt appeared, from the affidavits which were read, that 11 7 Eden B. Corn-well and Leonard Barton claimed title to , , , _ , , . , , the land; that the defendant…
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THIS was ah action of ejectment, for lot No. 87. in th e township of Camillas. The cause was tried, at the last Onondaga circuit, and a verdict was found for the plaintiff. . , A motion was made, m behalf of the defendant, to set aside the verdict and for a new trial, on the discovery of new and material evidence, lt appeared, from the affidavits which were read, that 11 7 Eden B. Corn-well and Leonard Barton claimed title to , , , _ , , . , , the land; that the defendant was their tenant, and had , . . . - , , _ ,, been m possession about five years; and that Cornwell had the care and…
1Per curiam
The testimony of Fink is material, to prove that the ancestor of the lessors of the plaintiff is not the soldier who drew the lot, and that they have no title-.
It is true, that Fink was present at the trial, and- that the defendant knew beforehand what he could prove. But the defendant was not present at the trial, and was a tenant under Cornwell and Barton, to whom, he had abandoned the defence; and Cornwell swears, that he knew nothing of this testimony until after the trial.The suit is to change a possession of several years’ standing, and that is an auxiliary consideration in support of…
2Cited by2 opinions
- Wells v. SangerSupreme Court of Missouri · 1855
- Jackson ex dem. Gorman v. HookerNew York Supreme Court · 1825