Eisenlord v. . Clum
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 7, 1890, which affirmed a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 7, 1890, which affirmed a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The fact of the marriage having been established, the presumption of the legitimacy of this plaintiff, as the son of Dr. Eisenlord, is the most violent presumption known to the law; and such presumption can be overturned only by clear proof of non-access of the husband and wife…
1Opinion of the CourtPeckham, J.
The plaintiff brings this action of ejectment, as the son and sole heir at law of one Peter 0. Eisenlord, who. died in Montgomery county on the 30th day of June, 1885, seized in fee simple and possessed of the premises described in the complaint.
The defendants other than Chun are respectively the brothers, sisters or neices of the deceased Eisenlord, and claim that-they are his sole heirs at law, and the defendant Clum is in possession of the premises described in the complaint and claims under the other defendants as tenant.
The plaintiff is the son of one Margaret Pipe, and the question in…
2Cases cited14 opinions
- Miles v. United StatesSupreme Court of the United States · 1881
- Fenton v. ReedNew York Supreme Court · 1809
- Cook v. . BarrNew York Court of Appeals · 1870
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Hobart v. . HobartNew York Court of Appeals · 1875
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3Cited by87 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Croker v. New York Trust Co.New York Court of Appeals · 1927
- Estate of McCarthyCalifornia Court of Appeal · 1932
- Young v. . ShulenbergNew York Court of Appeals · 1901
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