Van Buren v. Cockburn
New York Supreme Court
This was an action of ejectment, brought to recover possession of the one undivided fifth part of a farm situate in the town of Kingston, Ulster county. There had been two trials in this cause. The first trial resulted in a verdict for the defendants. The plaintiffs then paid up the costs, and obtained a new trial under the statute. The second trial was had before Justice Harris, on the 30th April, 1851, and resulted in a verdict for the plaintiffs.
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This was an action of ejectment, brought to recover possession of the one undivided fifth part of a farm situate in the town of Kingston, Ulster county. There had been two trials in this cause. The first trial resulted in a verdict for the defendants. The plaintiffs then paid up the costs, and obtained a new trial under the statute. The second trial was had before Justice Harris, on the 30th April, 1851, and resulted in a verdict for the plaintiffs. The defendants prepared a bill of exceptions, and upon such exceptions now moved for a new trial. The farm, the subject of the action, was part…
1Opinion of the Court
By the Court, Parker, J.
I think the judge was right in holding that Luke K. Cockburn was not a necessary party to *121the action. It was not claimed that he was in possession of the land in controversy. On the contrary, it was admitted that the defendants were in possession. It is not necessary to decide whether he might properly have been made a party defendant, on the ground that he claimed an interest in the premises, but the question is whether he was a necessary party. That objection was properly overruled.
The second objection was that the court erred in permitting the witness, Mr. Macauley,…
2Cases cited2 opinions
- Jackson v. OsbornNew York Supreme Court · 1829
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
3Cited by6 opinions
- Bradt v. . ChurchNew York Court of Appeals · 1888
- Wetmore v. CarrylNew York Surrogate's Court · 1882
- In re the Estate of SteffenhagenNew York Surrogate's Court · 1974
- Tompkins v. WhiteNew York Supreme Court · 1853
- Pease v. BarnettNew York Supreme Court · 1882
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