Lion ex dem. Eden v. Burtiss
New York Supreme Court
THIS was an action of ejectment, brought in May, 1819, to recover the possession of a house and lot in the city of JYew-York.
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THIS was an action of ejectment, brought in May, 1819, to recover the possession of a house and lot in the city of JYew-York. The cause was tried before' Mr. Justice Van JYess, at the JYew-York sittings, December 2d, 1820. The declaration contained three demises s from Medcef Eden, from John Wood, junior, assignee of M. Eden, and from M, E. and J. WMs assignee, in all of which the habendum was stated to be from the 6th of May, 1819. The ouster, in all the demises, was laid on the 8th of May, 1819, on which day the action was commenced, by a service of *he declaration on the tenant. The…
1Opinion of the Court
Spences, Ch. J.
delivered the opinion of the Court. This case arises under the will of Medcef Eden, the elder. In the. case of Anderson v. Jackson, (16 Johns. Rep. 382.) this will received a construction in the Court for the Trial of Impeachments and the Correction of Errors. The judgment of the Supreme Court was affirmed. It was decided, that Medcef Eden, the younger, on the death of his brother Joseph, without issue, took by way of executory devise, the lands devised to Joseph. This action is for the recovery of part of the real estate thus devised to Joseph Eden. The suit was commenced in…
2Cited by12 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Leonard v. . BurrNew York Court of Appeals · 1858
- Trustees of the Theological Seminary of Auburn v. . KelloggNew York Court of Appeals · 1857
- Clarke v. FigginsWest Virginia Supreme Court · 1886
- Grout v. TownsendNew York Supreme Court · 1845
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