Requa v. Holmes
New York Court of Appeals
Appeal from the Supreme Court. The action was commenced at the January term of the court in 1844. The declaration was the ordinary one in ejectment, as the practice then existed; and the plea was not guilty. The cause was tried at the Westchester Circuit' in November, 1834, and the defendant had a verdict, which was afterwards affirmed at a general term, and judgment entered for the defendant.
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Appeal from the Supreme Court. The action was commenced at the January term of the court in 1844. The declaration was the ordinary one in ejectment, as the practice then existed; and the plea was not guilty. The cause was tried at the Westchester Circuit' in November, 1834, and the defendant had a verdict, which was afterwards affirmed at a general term, and judgment entered for the defendant. A writ of error was brought on this judgment to the Court of Appeals, ■ and in October, 1857, this court reversed the judgment and ordered a new trial. (16 N. Y., 193.) In August, 1859, by leave of the…
1Opinion of the CourtWright, J.
This cause has been twice in this court, and if the legal principles controlling any case are ever to be deemed settled, they ought to be in the present one. ' The facts of the case were uncontradicted and without complica*340tion; and the principles of law applied to them neither intricate nor difficult to be understood.
It is conceded that Samuel Eequa, the immediate ancestor of the plaintiffs, was the owner of an undivided sixth part of the premises claimed, prior to April, 1826, by descent from his brother, Isaac Eequa. Samuel Eequa died intestate on the 18th June, 1826, leaving nine children,…
2Cases cited2 opinions
- Requa v. . HolmesNew York Court of Appeals · 1857
- Griswold v. StewartNew York Supreme Court · 1825
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