Jackson ex dem. Wilkins v. Lamb
New York Supreme Court
EJEOTMENT for part of lot No. 1, in the su1~c1ivision of lot No. 1, in the 9th allotment of the patent of Kayaderosseras; tried at the Saratoga circuit, on the 11th day of December, 1824, before WALWORTH, 0. ~Judge. At ~he trial, the plaintiff deduced a title from Peter Fauconier, one of the patentees, to Thomas Clark and.
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EJEOTMENT for part of lot No. 1, in the su1~c1ivision of lot No. 1, in the 9th allotment of the patent of Kayaderosseras; tried at the Saratoga circuit, on the 11th day of December, 1824, before WALWORTH, 0. ~Judge. At ~he trial, the plaintiff deduced a title from Peter Fauconier, one of the patentees, to Thomas Clark and. Peter Winnie, for 1-13th part of the patent of Kayaderosseras, and showed that Winnie, being seized in fee of the one undivided half of the 13th, on the 28th of August, 1753, devised all his real estate to several persons; and died so seized, the devisees surviving. That on…
1Opinion of the Court
* Curia, per Savage, Ch. J.
All that was wanting to complete the plaintiff’s title, was a release from the devisees of Peter Winnie. The facts are certainly sufficient to warrant the presumption of a release. The lease for a year, preserved for a long time among Campbell’s papers, the possession of 40 years upon part of lot Ho. 1, and the possession of other lots in the patent belonging to the same right, are abundantly sufficient to authorize the presumption. [1]
Hew trial denied.
It has been strongly intimated, though not directly decided, that delay by a landlord for twenty years, to enter…
2Cases cited3 opinions
- Jackson ex dem. Smith v. StewarthNew York Supreme Court · 1810
- Jackson ex dem. Donnally v. WalshNew York Supreme Court · 1808
- Jackson ex dem. Myers v. ElsworthNew York Supreme Court · 1822
3Cited by6 opinions
- McKinnon v. . BlissNew York Court of Appeals · 1860
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
- Rollins v. Atlantic City RailroadSupreme Court of New Jersey · 1905
- Gaskins v. GuthrieSupreme Court of Georgia · 1926
- Sessions v. Doe ex dem. ReynoldsMississippi Supreme Court · 1846
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