Jackson ex rel. Stewart v. Town
New York Supreme Court
' Ejectment for 60 acres of land in Cherry Valley, Otsego county, tried at the December circuit for that county, 1824. On the trial, the plaintiff proved that Eleanor Town, the mother of the defendant, had been in possession of the , . . . _ premises m question, claiming them as her own, and exercising acts of ownership over them, till November 1st, 1820, when she removed off them.
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' Ejectment for 60 acres of land in Cherry Valley, Otsego county, tried at the December circuit for that county, 1824. On the trial, the plaintiff proved that Eleanor Town, the mother of the defendant, had been in possession of the , . . . _ premises m question, claiming them as her own, and exercising acts of ownership over them, till November 1st, 1820, when she removed off them. The defendant moved on, in April or May, 1824. It did not appear who had possessión in the intermediate time. . . „ . , , . - The plaintiff then proved, that one Darly recoveredjudgment in slander,- against Eleanor…
1Opinion of the Court
*601Curia, per
Woodworth, J.
Eleanor Town, the mother of the defendant, was in possession of a farm, claimed it as her own and exercised acts of ownership until November 1st, 1820, when she removed from the premises. Who succeeded her does not appear. These facts constitute a good adverse possession, during the time she occupied ; but the. moment she removed, the continuity of the adr verse possession was broken, and, in judgment of law, the possession was in him who. had title. There is no evidence of title in Eleanor Town, nor how long her adverse possession continued. To derive any benefit from…
2Cases cited4 opinions
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- Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
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- Jackson ex dem. Merrit v. TerryNew York Supreme Court · 1816
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