Jackson ex dem. Varick v. Waldron
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. In December, 1828, Richard Varick commenced an action of ejectment in the superior court of the city of New Y ork, in the name of James Jackson, as nominal plaintiff, according to the then practice in the action of ejectment, against Rachel Eden, for the recovery of a house and lot of ground in the city of New York. The plaintiff had a verdict.
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Error from the supreme court. In December, 1828, Richard Varick commenced an action of ejectment in the superior court of the city of New Y ork, in the name of James Jackson, as nominal plaintiff, according to the then practice in the action of ejectment, against Rachel Eden, for the recovery of a house and lot of ground in the city of New York. The plaintiff had a verdict. The defendant sued out a writ of error on a bill of exceptions, remo ving the record into the supreme court, to which a return was duly made; but the defendant dying soon thereafter, John Pelletreau, who claimed to be…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
In the present case, as in the case of Varick & Bacon v. Jackson, which was formerly before this court, both parties claim under the will of Medcef Eden, the elder. But the questions now presented are entirely different from those which then arose ; not only from the different state of facts then presented, but more especially from the establishment, in the present case, of the important fact that the assignment to Joseph Winter was executed by Medcef Eden, the younger, as well as by Joseph Eden. The first question to be examined,…
2Cases cited6 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Jackson ex dem. Thurman v. BradfordNew York Supreme Court · 1830
- Jackson ex dem. New Loan Officers v. BullNew York Supreme Court · 1799
- Henry & Emott v. BishopNew York Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Crum v. SawyerIllinois Supreme Court · 1890
- McAdams v. BaileyIndiana Supreme Court · 1907
54 more not listed; retrieve them via the Exa API.