McCormick v. Barnum
New York Supreme Court
This was an action of ejectment, commenced in May, 1830, tried at the Franklin circuit in February, 1831, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff being the owner of township No. jive in Ma-comb’s purchase, known by the name of Bangor, containing 13,568 acres, on the 4th May, 1804, sold the south-eastern quarter of the township to one William Cooper.
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This was an action of ejectment, commenced in May, 1830, tried at the Franklin circuit in February, 1831, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff being the owner of township No. jive in Ma-comb’s purchase, known by the name of Bangor, containing 13,568 acres, on the 4th May, 1804, sold the south-eastern quarter of the township to one William Cooper. In the summer or autumn of 1804, one Copely claimed to be the owner of 1800 acres of land out of the north-east comer of Cooper’s quarter of the township, and run a line dividing that quarter from the north half of the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The provisions of the revised statutes upon which the decision of the circuit judge was founded, are the following: it is declared that “ no action for the recovery of any lands, tenements, or hereditaments, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plain dig his ancestor, predecessor or grantor, was seized or possessed of the premises in question, within 20 years before the commencement of such action.” 2 R. S. 293, § 5. The seventh section provides that an entry shall be made within 20 years after the right…
2Cases cited1 opinion
- Rockwell v. AdamsNew York Supreme Court · 1831
3Cited by38 opinions
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- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- Turner v. BakerSupreme Court of Missouri · 1876
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