Jackson ex dem. Bogert v. Schauber
New York Supreme Court
Ejectment for land in Saratoga county; tried at the . ■ o j i circuit m that county, June 1, 1826, before Walworth, n -r v> Jua&e- At the trial, the plaintiff claimed title under a patent covering the premises in question, dated September 10th, 1708, to William Appel; one half of the premises declared to be in trust for the heirs of H. Hrigedoodn.
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Ejectment for land in Saratoga county; tried at the . ■ o j i circuit m that county, June 1, 1826, before Walworth, n -r v> Jua&e- At the trial, the plaintiff claimed title under a patent covering the premises in question, dated September 10th, 1708, to William Appel; one half of the premises declared to be in trust for the heirs of H. Hrigedoodn. The lessors of the plaintiff claimed title as heirs at law of the patentee; and proved themselves to be the lineal *descendants of Simon Appel, his son. Peggy Bogerty one of the lessors, claimed as the heir, and also under the will of Mrs. Pelts,…
1Opinion of the Court
Curia, per Savage, Ch. J.,
(after adverting to the question of pedigree, which he considered fully maintained by the plaintiff; also that there was no adverse possession.) The only questions to be decided are, whether the judge at the circuit was correct in receiving and rejecting testimony; and whether, from the testimony received, the jury would have been justified in finding, or presuming the title out of the lessors.
The defendants counsel contend that, by the will of William Appel, the legal title to his real estate vested in his executors, for the purposes expressed in the will. (The…
2Cases cited18 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Prevost v. GratzSupreme Court of the United States · 1821
- Osgood v. FranklinNew York Court of Chancery · 1816
- Haxtun v. CorseNew York Court of Chancery · 1848
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3Cited by5 opinions
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- Howland v. ShurtleffMassachusetts Supreme Judicial Court · 1840
- In re Proving the Last Will of SohnNew York Surrogate's Court · 1891