Northrop v. Wright
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in March, 1837, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff claimed to recover an undivided third part of one-eighth of a lot of about 10 acres of land, situate in the city of New-York. He proved that one Arnout Webbers was in possession of the premises previous to 1784, and died in possession.
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This was an action of ejectment, tried at the New-York circuit in March, 1837, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff claimed to recover an undivided third part of one-eighth of a lot of about 10 acres of land, situate in the city of New-York. He proved that one Arnout Webbers was in possession of the premises previous to 1784, and died in possession. The plaintiff produced from the surrogate’s office in the city of New-York, the last will and testament of Arnout Webbers, bearing date 23d August, 1776, whereby the testator devised to séven of his children and…
1Opinion of the Court
By the Court,
Cowen, J.
No title in either party having been proved by direct evidence, the stress of the controversy at the trial lay upon the possessions under which the parties respectively claimed. Of the defendant’s general possession and that of those under whom he claimed for a period sufficient to satisfy the statute of limitations, no doubt was made; indeed such possessions were admitted at the trial—their character alone "was disputed. Of the prior possession of Arnout Webbers, there was very little direct evidence ; but what there was, when connected with the deed of 1807, from all…
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- Butler v. PhelpsNew York Supreme Court · 1836
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3Cited by9 opinions
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