Jackson ex dem. Putnam v. Bowen
New York Supreme Court
Ejectment for lands situated in Johnstown, in the county of Montgomery, tried there at the last circuit, before Mr. Justice Thompson. The lessors of the plaintiff, and the defendant also, derived their titles under the will of Victor Putnam, their grandfather. He had devised in severalty, 100 acres of undivided land to each of his children, and the overplus to he divided among his four sons.
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Ejectment for lands situated in Johnstown, in the county of Montgomery, tried there at the last circuit, before Mr. Justice Thompson. The lessors of the plaintiff, and the defendant also, derived their titles under the will of Victor Putnam, their grandfather. He had devised in severalty, 100 acres of undivided land to each of his children, and the overplus to he divided among his four sons. Johannes, the father of the lessors of the plaintiff was one of the children, and Mary Bowen, the mother of the defendant was another. By a deed of partition, reciting the will, the 100 acres devised to…
1Opinion of the CourtThompson, J.
An application is made for a new trial, on two grounds.
1st. That the verdict was against evidence; and,
2d. That the court improperly precluded the defendant from showing that there was a mistake in the partition deed, under which the parties respectively claimed, by which the lessors of the plaintiff had more land than was intended to have been conveyed.
From the testimony, as stated in the case, it appears that Johannes Putnam, the father of the lessors of the plaintiff, and Mary Bowen, the mother of the defendant, were brother and sister, and children to Victor Putnam, under whose will,…
2Cases cited1 opinion
- Jackson ex dem. Ellice v. BrittonNew York Supreme Court · 1830
3Cited by12 opinions
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Ball v. CoxIndiana Supreme Court · 1856
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
- Jackson ex dem. Bristol v. ElstonNew York Supreme Court · 1815
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