Jackson ex dem. Bigelow v. Timmerman
New York Supreme Court
This was an action of ejectment, tried at the Oneida circuit in April, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The lessor of the plaintiff claimed the premises as a purchaser at a sheriff’s sale, Under an execution against George Or.
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This was an action of ejectment, tried at the Oneida circuit in April, 1832, before the Hon. Nathan Williams, then one of the circuit judges. The lessor of the plaintiff claimed the premises as a purchaser at a sheriff’s sale, Under an execution against George Or. Klock, on a judgment for #1455,30, in favor of A. Haring, ren^erec* *n *817, The execution was issued in 1827, and the deed executed by the sheriff in 1829. Klock Was the owner of the premises in 1812. The defendant relied, in his defence, upon a deed of the premises in question from Klock to his daughter, the wife of the defendant,…
1Opinion of the Court
By the Court,
Sutherland, J.,
The jury have found the deed from G. G. Klock to his daughter, to have been fraudulent. Admitting that they might have come to a different conclusion upon the evidence, yet, upon such a question, unless there was some misdirection by the jndge, the verdict of the jury ought hot to be set aside by the court.
There is no error in point of law in the charge, and the judge’s comments upon the evidence, though strongly indicating an opinion against the defendant, affords no ground for granting a new trial. The defendant who made the case, does not profess to give the…
2Cited by11 opinions
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- White v. BenjaminThe Superior Court of the City of New York and Buffalo · 1893
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