Jackson ex dem. Roman v. Sidney
New York Supreme Court
THIS was an action of ejectment, tried before Mr. Justice yates, at the Schoharie circuit, in 1813. The declaration contained separate demises to each of the four lessors ■: and at the trial, the plaintiff offered to show a title in each of the lessors to four separate lots in the subdivision of great lot No. 137. This evidence was objected to by the defendant, on the ground, that the lessors of the plaintiff could not recover on their separate titles; and the plaintiff was…
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THIS was an action of ejectment, tried before Mr. Justice yates, at the Schoharie circuit, in 1813. The declaration contained separate demises to each of the four lessors ■: and at the trial, the plaintiff offered to show a title in each of the lessors to four separate lots in the subdivision of great lot No. 137. This evidence was objected to by the defendant, on the ground, that the lessors of the plaintiff could not recover on their separate titles; and the plaintiff was called on by the judge, to elect which of the lessor’s rights he would rely on; and the plaintiff accordingly elected to…
1Per curiam
The declaration contains separate demises from each lessor, and upon the trial it was offered, on the part of the plaintiff, to show a separate title in each lessor to a distinct part of the premises in question; and this was objected to and overruled by the judge, and the plaintiff compelled to elect, and proceed upon one count only. Had. the lessors been tenants in common of the premises there could be no doubt but that they would have had a right to recover the whole, if they could have shown a title to the same. And there can be no good reason against their showing a separate title in,…
2Cited by7 opinions
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- Den v. SnowhillSupreme Court of New Jersey · 1831
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