Simpson & Isaacs v. Downing
New York Supreme Court
This was an action of ejectment, tried at4fc?'d^ij5harie circuit, in October, 1838, before the Hon. John P. CüSBy^já(Í^fí|%Pj;he circuit judges. The plaintiffs claimed to recover 74 acres of land, part of 308 acres in a tract called Banyar’s patent, granted in 1770, and deduced a regular title to the 3b8 acres, from the original patentees,'by sundry mesne conveyances, to themselves.
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This was an action of ejectment, tried at4fc?'d^ij5harie circuit, in October, 1838, before the Hon. John P. CüSBy^já(Í^fí|%Pj;he circuit judges. The plaintiffs claimed to recover 74 acres of land, part of 308 acres in a tract called Banyar’s patent, granted in 1770, and deduced a regular title to the 3b8 acres, from the original patentees,'by sundry mesne conveyances, to themselves. The defendants, on their part, gave in evidence: 1. A mortgage from one Jacob Horn to John Thurman, bearing date 2d March, 1800, of a tract of land containing 205 acres, 3 roods and 16 perches, described as part…
1Opinion of the CourtCowen, J.
By the Court, Only two legal points were made by the judge in the charge: one that the plaintiffs had established a good paper title, the other that the defendants had failed to continue their line of deeds.' The bijU-excepts to the aforesaid opinion and charge, leaving it somewhat equivdbal which opinion, or whether the whole charge. But the bill immediately adding in connection with the exception, “ and insisted that the said deed of the said Cornell was sufficient,” &c., specifically indicates the ground of exception. It is saying, in other words, (though I admit somewhat inaptly,) that…
2Cases cited3 opinions
- McCormick v. BarnumNew York Supreme Court · 1833
- Jackson ex dem. Gee v. OltzNew York Supreme Court · 1832
- Jackson ex dem. Putnam v. BowenNew York Supreme Court · 1803
3Cited by18 opinions
- Joy v. StumpOregon Supreme Court · 1887
- Reformed Church v. . SchoolcraftNew York Court of Appeals · 1875
- Pepper v. O'DowdWisconsin Supreme Court · 1876
- Sanford v. . EllithorpNew York Court of Appeals · 1884
- Smith v. ReichNew York Supreme Court · 1894
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