Hardenburgh v. . Lakin
New York Court of Appeals
Appeal from judgment entered upon order of the General Term of the Supreme Court in the sixth judicial district, denying motion for a new trial, and directing judgment in favor of plaintiff upon verdict. This is an action of ejectment brought to recover possession of certain lands in Hancock, Delaware county. The facts presenting the questions decided are sufficiently stated in the opinion. Conveyance may be presumed to quiet possession.
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Appeal from judgment entered upon order of the General Term of the Supreme Court in the sixth judicial district, denying motion for a new trial, and directing judgment in favor of plaintiff upon verdict. This is an action of ejectment brought to recover possession of certain lands in Hancock, Delaware county. The facts presenting the questions decided are sufficiently stated in the opinion. Conveyance may be presumed to quiet possession. (Cowp., 102-217; Jackson v. McCall, 10 John., 377-380; 12 Vesey, 266; 3 John. Cases, 118 ; 3 Mann. & Ryl., 329; 1 Ph. Ev., Cow. & Hill & Eds. Notes, ed.…
1Opinion of the CourtAllen, J.
The plaintiff claims title to a portion of great lot three in the Hardenburgh patent, of which the demanded premises are a part, under Johannes Hardenburgh, one of the original grantees of the entire patent from the crown, in April, 1708. The grant was to Hardenburgh and six others. The "original patentee, Hardenburgh, by deed, the date of which is not given, conveyed his interest in the lands to Charles Broadhead and Johannes Hardenburgh, Jr. The latter, together with Abraham Hardenburgh, were parties to a partition deed in November, 1749, by which lot three, and five others of the forty-two…
2Cases cited3 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Hill v. DraperNew York Supreme Court · 1851
- Van Winkle v. . ConstantineNew York Court of Appeals · 1853
3Cited by12 opinions
- Ashford v. PrewittSupreme Court of Alabama · 1893
- McRoberts v. . BergmanNew York Court of Appeals · 1892
- Hannah v. ChaseNorth Dakota Supreme Court · 1894
- State v. ClaySupreme Court of Missouri · 1890
- McMurtry v. KeifnerNebraska Supreme Court · 1893
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