Jackson ex dem. Hopkins v. Leek
New York Supreme Court
This was an action of ejectment, tried at the Wayne circuit in October, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff claimed to recover lot No. 86. Galen, alleged to have been granted to Christian House, a soldier in the revolutionary war. The defendant entered into a special consent rule to confess lease, entry and ouster, in case an actual ouster should be proved, but not otherwise.
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This was an action of ejectment, tried at the Wayne circuit in October, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff claimed to recover lot No. 86. Galen, alleged to have been granted to Christian House, a soldier in the revolutionary war. The defendant entered into a special consent rule to confess lease, entry and ouster, in case an actual ouster should be proved, but not otherwise. The plaintiff produced a deed from House to W. Scudder and D. Whitehead, bearing date 5th July, 1794, conveying lot No. 86. He also offered in evidence a deed from Whitehead to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It must be conceded that the plaintiff failed in showing a paper title. He produced no patent from the state, but began with a deed from House, alleged to have been the soldier who merited the lot. If that be admitted as a good source of title, he then shows the title to one half in Thurman; but there the title stops. The deed from Thurman to the lessor was never delivered; for a delivery after his death was no delivery, and the plaintiff,' by admitting title to half the lot in Whitehead, enabled the defendant to show that title in himself.
*108Under the special consent…
2Cases cited1 opinion
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
3Cited by25 opinions
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Younge v. GuilbeauSupreme Court of the United States · 1866
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
- Porter v. WoodhouseSupreme Court of Connecticut · 1890
- Greene v. . CouseNew York Court of Appeals · 1891
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