Talman v. Barnes
New York Supreme Court
This was an action of ejectment, against John Barnes and Hiram Barnes, for the recovery of 175 acres of land. The-only evidence of title exhibited by the plaintiff, was a contract bearing date 7th July, 1829, entered into by the plaintiff and John Barnes, by which the latter agreed to purchase the premises in question of the plaintiff, and to make certain payments as the consideration of the purchase, and in default of making such payment, to surrender possession of the…
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This was an action of ejectment, against John Barnes and Hiram Barnes, for the recovery of 175 acres of land. The-only evidence of title exhibited by the plaintiff, was a contract bearing date 7th July, 1829, entered into by the plaintiff and John Barnes, by which the latter agreed to purchase the premises in question of the plaintiff, and to make certain payments as the consideration of the purchase, and in default of making such payment, to surrender possession of the premises to the plaintiff. On the part of the defendants, it was proved that one E. Young went into possession of the…
1Opinion of the Court
*228In this case it was objected that but seven days notice of the motion had been given, as was shown by affidavit; in answer to which the defendant’s counsel read the admission of service of notice, in which the plaintiff’s attorney admitted due service of notice. The Chief Justice held the admission to be sufficient, and overruled the objection.
2Cited by7 opinions
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- Greenblatt v. MendelsohnCity of New York Municipal Court · 1905
- Harmon v. Van NessAppellate Division of the Supreme Court of the State of New York · 1900
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