Hoag v. . Hoag
New York Court of Appeals
Appeal from an order of the Supreme Court, at General Term, denying a motion for a new trial upon exceptions taken by plaintiffs, upon the trial at the Circuit. The action was ejectment by the plaintiffs, as heirs-at-law of Ma/rk Hoag, deceased, to recover a farm in Delhi, Delaware county, against the widow and heirs-at-law of Amos Hoagi deceased.
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Appeal from an order of the Supreme Court, at General Term, denying a motion for a new trial upon exceptions taken by plaintiffs, upon the trial at the Circuit. The action was ejectment by the plaintiffs, as heirs-at-law of Ma/rk Hoag, deceased, to recover a farm in Delhi, Delaware county, against the widow and heirs-at-law of Amos Hoagi deceased. On the first trial before Justice Campbell, a verdict was ordered for the plaintiffs, which was set aside on appeal to the General Term, and a new trial ordered. The second trial was before Justice Balcom, and a jury, and a verdict was ordered for…
1Opinion of the CourtMorgan, J.
I. The first question raised by the plaintiffs’ exceptions is, whether Amos Hoag, under whom the defendants claim, was in a position to show title out of Mark Hoag, he having originally entered into the possession of the premises as the tenant or agent of the latter. Although the tenant cannot deny the title of the landlord under which he entered, it is competent for him to show that it has terminated, either by its original limitation or by conveyance, or by the judgment, and operation of law (Jackson ex. dem. Van Schaick v. Davis 5 Cow., 135, Sutherland, J.), and. this the defendant may…
2Cases cited4 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Roseboom v. MosherNew York Supreme Court · 1846
- Foster v. JoiceU.S. Circuit Court for the District of New Jersey · 1819
3Cited by12 opinions
- Allen v. McKay & Co.California Supreme Court · 1898
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- People v. . InmanNew York Court of Appeals · 1910
- In re StonebridgeNew York Supreme Court · 1889
- Becker v. HowardNew York Supreme Court · 1874
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