Heermans v. Robertson
New York Supreme Court
Motion by plaintiff for a new trial after a nonsuit at the circuit, upon a case and exceptions ordered to be heard in the first instance at the general term. The action was one of ejectment brought by John Heermans as trustee of Joseph Fellows, against Almon Robertson and Thomas Creech, to recover the possession of certain premises ■ claimed to belong to the estate of said Fellows.
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Motion by plaintiff for a new trial after a nonsuit at the circuit, upon a case and exceptions ordered to be heard in the first instance at the general term. The action was one of ejectment brought by John Heermans as trustee of Joseph Fellows, against Almon Robertson and Thomas Creech, to recover the possession of certain premises ■ claimed to belong to the estate of said Fellows. At the trial plaintiff pnt in evidence an instrument under seal, dated October 10,1868, and reading as follows : “Whereas I, Joseph Fellows, of Corning, in the county of Steuben and State of New York, from…
1Opinion of the CourtE. Darwim Smith, J.
The questions presented upon the exceptions taken to the nonsuit at the circuit depend entirely upon the construction of the deeds from Mr. Fellows to the plaintiff.
It appears that the question of the construction of these deeds has been before this court in a former action instituted by Mr. Fellows in his life-time to set aside deeds, in the case of Fellows v. Heermans, reported in 4 Lans. 230.
That case was heard in the Third Department and was quite fully discussed in the opinions delivered by Judges Hogeboom and Miller, and so far as that court clearly and distinctly decided any question…
2Cases cited5 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Kane v. GottCourt for the Trial of Impeachments and Correction of Errors · 1840
- Hotchkiss v. EltingNew York Supreme Court · 1861
- Fellows v. HeermansNew York Supreme Court · 1870