Chamberlain v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made at the April term, 1882, which overruled plaintiffs’ exceptions, denied a motion for a new trial, and directed judgment upon a verdict. (Reported below, 26 Hun, 601.) The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made at the April term, 1882, which overruled plaintiffs’ exceptions, denied a motion for a new trial, and directed judgment upon a verdict. (Reported below, 26 Hun, 601.) The nature of the action and the material facts are stated in the opinion. The plaintiffs, having duly established on the trial title in themselves, were entitled to a verdict finding and asserting such title in fee, and to the possession of said premises, which were wrongfully…
1Opinion of the CourtFinch, J.
This is an action of ejectment. The plaintiffs sue as executors of the will of Benjamin Chamberlain, deceased. They allege title in themselves and right of possession; a conveyance by them to one Ensign and others; an adverse holding of the premises at the delivery of such deed; and claim to recover for the benefit of their grantees. The defendants deny the material allegations and put in issue the title asserted. Upon the trial the plaintiffs showed title in the testator by a patent from the State ; proved his death, his will, its due probate, their letters testamentary and their conveyance…
2Cases cited3 opinions
- Jackson, ex rel. Walton v. LeggettNew York Supreme Court · 1831
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
- Ely v. BallantineNew York Supreme Court · 1831
3Cited by7 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- People v. . LadewNew York Court of Appeals · 1924
- Dever v. . HagertyNew York Court of Appeals · 1902
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Pearce v. . MooreNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.