Jackson ex dem. Neilson v. M'Vey
New York Supreme Court
EJECTMENT for land in Wallkill, fried at the Orange circuit, in November, 1818, before Mr. Justice Van Ness. The plaintiff gave in evidence letters patent to P. V. B. Livingston and John Prevost,dated May 26, 1750, for 3,000 ’acres of land ; and a release in fee for the same land from the patentees to James Alexander, dated May 28, 1750. It was proved that James Alexander died some time between the years Í 750 and 1760, leaving one son, William, after-wards Lord Stirling,…
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EJECTMENT for land in Wallkill, fried at the Orange circuit, in November, 1818, before Mr. Justice Van Ness. The plaintiff gave in evidence letters patent to P. V. B. Livingston and John Prevost,dated May 26, 1750, for 3,000 ’acres of land ; and a release in fee for the same land from the patentees to James Alexander, dated May 28, 1750. It was proved that James Alexander died some time between the years Í 750 and 1760, leaving one son, William, after-wards Lord Stirling, who died in the spring of 1783, leaving two daughters, Catharine and Mary, two of the lessors of the plaintiff. ,A witness…
1Per curiam
The attorney was properly required to testify to the fact where the deed was at the time of the trial. (Brandt v. Klein, 17 Johns. Rep. 335.) That case decides, also, that the confession of Brown, one of the lessors, was evidence against all the lessors, as he could not be called on to testify. We are of opinion, that under all the circumstances of the case, the jury was misdirected. The deed was in Court, and the plaintiff’s counsel refused to produce it. To allow eounsel to cross-examine witnesses as to the contents of a deed in their possession, if at all admissible, should never be…
2Cited by12 opinions
- Mitchell's CaseNew York Court of Common Pleas · 1861
- Jackson ex rel. Swartwout v. ColeNew York Supreme Court · 1825
- Wells v. BransfordSupreme Court of Alabama · 1856
- Hayes v. . ClaessensNew York Court of Appeals · 1922
- Maxwell v. WarnerSuperior Court of New Hampshire · 1841
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