Jackson, ex rel. Constantine v. Warford
New York Supreme Court
This was an action of ejectment, tried at the Clinton circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff shewed title in his lesssor to lot No. 60 of the eighty acre lots'm the Canadian and Nova Scotia refugee tract, by letters patent granted the 27th February, 1780, and claimed to recover 25 acres near the centre of the lot in the possession of the defendant.
Read the full summary
This was an action of ejectment, tried at the Clinton circuit in June, 1829, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff shewed title in his lesssor to lot No. 60 of the eighty acre lots'm the Canadian and Nova Scotia refugee tract, by letters patent granted the 27th February, 1780, and claimed to recover 25 acres near the centre of the lot in the possession of the defendant. The defendant claimed the premises under a purchase at sheriff’s sale, on an execution against one J ames Rouse ; the sheriff’s deed bearing date 13th December, 1813, conveying lot No. 60 and…
1Opinion of the Court
By the Court,
Savage, Ch. J.
On the point of adverse pos-
session, the judge decided that the defendant had not shewn enough. According to the repeated decisions of this court he decided correctly. The defendant produced no conveyance from any body for lot No. 60; and it must be considered settled, ifT a series of decisions for thirty years can settle a question, that ! where the occupant of land produces no written title, but relies solely on possession with an assertion of title, he can retain so much only as he had under actual improvement, and within a substantial enclosure. 1 Johns. R. 158.…
2Cited by15 opinions
- Hoskins v. HightSupreme Court of Alabama · 1891
- Bell v. DensonSupreme Court of Alabama · 1876
- S. & F. Dorr & Co. v. WatsonMississippi Supreme Court · 1854
- State v. GardnerOregon Supreme Court · 1898
- Munro v. MerchantNew York Supreme Court · 1858
10 more not listed; retrieve them via the Exa API.