Jackson ex dem. De Forest v. Ramsay
New York Supreme Court
Ejectment for premises in Rotterdam, county of Schenectady, tried before Duer, Circuit Judge, at the Sckeneclady Circuit, October, 1823. On the trial, it was shown that the declaration was- served on the defendant, who was in possession, in the vacation after January term, 1823, and that it was returnable at the May term there ter May term. May term thereafter.
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Ejectment for premises in Rotterdam, county of Schenectady, tried before Duer, Circuit Judge, at the Sckeneclady Circuit, October, 1823. On the trial, it was shown that the declaration was- served on the defendant, who was in possession, in the vacation after January term, 1823, and that it was returnable at the May term there ter May term. May term thereafter. Issue was joined in the vacation af- The plaintiff claimed as devisee of the premises in the will of A. M. MP Michael, which was proved, dated 17 th April, 1818, shortly after which the testator died seised, The defendant then…
1Opinion of the Court
Curia,
per Sutherland, J.
The principal question in the case is, whether a .Sheriff’s deed, executed after issue joined in the cause, the sale having been made before the commencement of the suit, can be given in evidence by the defendant under the general issue, or should be pleaded puis darrein continuance.
The declaration'was returnable May term, 1823. The consent rule bore date the 28th of May, and issue was joined the 4</i of Jane in the same year. The Sheriff’s sale of the premises in question was made on the 2d of October, 1818, but the deeds which were offered in evidence, and which were…
2Cases cited9 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Heath v. RossNew York Supreme Court · 1815
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Catlin v. Jackson ex dem. GratzCourt for the Trial of Impeachments and Correction of Errors · 1811
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3Cited by1 opinion
- Clark v. WestMichigan Supreme Court · 1871