Schneider v. McFarland
New York Supreme Court
Ejectment for an undivided half of certain premises in the town of Springport in the county of Cayuga. On the trial before Whiting, Cir.
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Ejectment for an undivided half of certain premises in the town of Springport in the county of Cayuga. On the trial before Whiting, Cir. J. at the Cayuga circuit, in March, 1847, the plaintiffs gave in evidence—1st. A warranty deed dated Nov. 14, 1812, from Cornelius Stout to John Adam Schneider and Adam Partenheimer, for the consideration, as expressed therein, of $3750, conveying to the grantees, their heirs and assigns, the premises of which the plaintiffs claim the undivided moiety as the same are described in the declaration. 2d. A warranty deed dated Nov. 24, 1829, from John…
1Opinion of the Court
By the Court, Welles, J.
The bill of exceptions, for all the purposes of this suit, shows that John Adam Schneider, who is the common source of title of both parties, died in 1818, seised of the premises in question. The plaintiffs are his heirs *143at law, and as such claim to recover. The case shows that he left a will, but as that was not produced, and as we have no information of its contents, he may be regarded as having died. intestate in respect to the premises in question. The claims of both parties proceed upon that assumption. The defendants rely upon having established a title in George…
2Cited by1 opinion
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