Richardson v. Pulver
New York Supreme Court
THIS is an action of ejectment, to recover premises described in the coinplaint, situated in the city of Oswego. Trial by jury waived by consent of counsel in open court. Robert H. Martin, by deed dated 10th December, 1845, and recorded March 6,1856, conveyed the premises to Susan Martin.
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THIS is an action of ejectment, to recover premises described in the coinplaint, situated in the city of Oswego. Trial by jury waived by consent of counsel in open court. Robert H. Martin, by deed dated 10th December, 1845, and recorded March 6,1856, conveyed the premises to Susan Martin. Susan Martin, by her deed dated 20th of December, 1845, conveyed the premises to Patrick H. Hard, with certain trust provisions, “for the benefit of Lucy W. Martin, the wife of Robert H. Martin,” &c. Hard died 12th Februry, 1862. July 21, 1868, Lucy W. Martin presented her petition to, and an order was made…
1Opinion of the CourtHardin, J.
This being an action to recover possession of the premises described in the complaint, (like the former action of ejectment,) the plaintiff must recover, if at all, upon the strength of his own title, and cannot recover upon the weakness of that of his adversary. (Davies, J., 3 Keyes, 627.)
The important question, therefore, in this case is, whether the plaintiff, as trustee under the conveyance made by Susan Martin to Patrick H. Hard, had title to the premises at the time this action was commenced.
1. By the act of 1848, for the more effectual protection of the property of married women, and…
2Cases cited8 opinions
- Brewster v. . StrikerNew York Court of Appeals · 1848
- People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
- Blood v. HumphreyNew York Supreme Court · 1854
- Albany Fire Insurance Co. v. . BayNew York Court of Appeals · 1850
- McCotter v. . HookerNew York Court of Appeals · 1853
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3Cited by1 opinion
- Smith v. TimNew York Court of Common Pleas · 1884