Jackson ex dem. Marvin v. Hotchkiss
New York Supreme Court
Ejectment to recover part of military lot No. 44, in Homer, Cortland county, tried at the circuit in that county, January 25th, 1825, before Throop, C. Judge ; when the following facts appeared : The defendant came into possession of the premises in question, by agreement w’ith Daniel Hoar and Abner Hotch- , . , . j i j kiss, who took possession under a written and sealed contract to purshase of Anthony Marvin, who died in 1811; (and of whom the lessors of the plaintiff are…
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Ejectment to recover part of military lot No. 44, in Homer, Cortland county, tried at the circuit in that county, January 25th, 1825, before Throop, C. Judge ; when the following facts appeared : The defendant came into possession of the premises in question, by agreement w’ith Daniel Hoar and Abner Hotch- , . , . j i j kiss, who took possession under a written and sealed contract to purshase of Anthony Marvin, who died in 1811; (and of whom the lessors of the plaintiff are the children and heirs at law.) This contract of purchase was dated October \9th, 1797, about which time the vendees…
1Opinion of the Court
Curia, per
Woodavorth, J.
The evidence introduced «t the trial, to show that the contract had been rescinded, ■was irrelevant and improper. The fact, that the defendant, in 1806, took a deed of the premises from Steioart, is no defence ; the defendant being estopped from setting up a title against Marvin, under whom he held. It was an act done, for aught that appears, without Marvin’s knowledge ; and neither he nor his heirs can be affected by it, in an action of ejectment against the present defendant.
So also, the evidence that actions of ejectment had been commenced against the defendant, and…
2Cited by9 opinions
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Macaulay v. PalmerNew York Court of Appeals · 1891
- Benson v. StewartMississippi Supreme Court · 1855
- Rhoades v. FreemanAppellate Division of the Supreme Court of the State of New York · 1896
- Brown v. Board of SupervisorsMississippi Supreme Court · 1876
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