Jackson ex dem. Dox v. Jackson
New York Supreme Court
Ejectment for lots No. 4 and 5 on the west side of Water street, in the village of Geneva, tried June 22d, 1824, before Ti-iroop, G. Judge. At the trial it appeared that the defendant claimed the lots as the heir of his father Elias Jackson ; and had resided on them for about sixteen years. The most of this time he resided with his mother, who died in possession a few years before the trial. She resided on a part of the premises, which she claimed as tenant in dower.
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Ejectment for lots No. 4 and 5 on the west side of Water street, in the village of Geneva, tried June 22d, 1824, before Ti-iroop, G. Judge. At the trial it appeared that the defendant claimed the lots as the heir of his father Elias Jackson ; and had resided on them for about sixteen years. The most of this time he resided with his mother, who died in possession a few years before the trial. She resided on a part of the premises, which she claimed as tenant in dower. She was reputed to be the widow of Elias Jackson, who, on the 16th April, 1796, mortgaged the premises in question to one…
1Opinion of the Court
Curia, per Sutherland, J.
It was made a point, in behalf of the defendant, upon the argument, that the evidence to show that the widow of Jackson claimed to hold the premises while she continued in possession, in right of her dower, and also the evidence in relation to the death of Jackson, were improperly admitted. The evidence was not objected to upon the trial, and the propriety of its admission cannot now be questioned.
But it is perfectly immaterial whether Jackson, the mortgagor, was dead or alive. The defendant professed to derive all his title from him. He supposed him dead, and…
2Cases cited2 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Wells v. BaldwinNew York Supreme Court · 1820
3Cited by5 opinions
- State v. CampSupreme Court of Vermont · 1851
- Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
- Jackson ex dem. Dunbar v. ToddNew York Supreme Court · 1804
- Warner v. WarnerNew Jersey Court of Chancery · 1879
- Mississippi Union Bank ex rel. Runnels v. GravesMississippi Supreme Court · 1849