Jackson ex dem. Ludlow v. Myers
New York Supreme Court
THIS was an action of ejectment, for lands in the town of Poughkeepsie, in the county of Dutchess, and part of a tract called the Whitehouse Tract. The cause was tried at the circuit in Dutchess county, before Mr. Justice Thompson, in September, 1807. It was admitted, that the defendants possessed part of the premises at the commencement of the suit.
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THIS was an action of ejectment, for lands in the town of Poughkeepsie, in the county of Dutchess, and part of a tract called the Whitehouse Tract. The cause was tried at the circuit in Dutchess county, before Mr. Justice Thompson, in September, 1807. It was admitted, that the defendants possessed part of the premises at the commencement of the suit. The plaintiffs proved that William Ludlow took possession of the premises in the spring of 1776, and remained thereon a year or two ; that after he left the property, one MDougle went into possession of the premises, and continued thereon until…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The lessors of the plaintiff must recover in this case, either on the strength of the deed of the 12th of 3tarch, 1779, or of their possession of the premises prior to the entry of the defendant. They have shown no title but what is to be deduced from one or other of these sources. :
1. The deed produced does-not appear to be sufficient to give them the title in question. Considering it in all its parts, it is to be taken as a mere article of agreement, and not a conveyance of an estate. It purports, by its formal commencement, to be only…
2Cited by36 opinions
- Barrow v. RichardNew York Court of Chancery · 1840
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Bassett v. BudlongMichigan Supreme Court · 1889
- Winans v. ChristyCalifornia Supreme Court · 1854
- Witt v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1888
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