Overbagh v. Patrie
New York Supreme Court
This was an action of ejectment, tried before Justice Willard, at the Albany circuit, in October, 1847. The suit was brought to recover a farm lying in Coeymans in the county of Albany, which the plaintiffs claimed in fee. The defendant pleaded the general issue.
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This was an action of ejectment, tried before Justice Willard, at the Albany circuit, in October, 1847. The suit was brought to recover a farm lying in Coeymans in the county of Albany, which the plaintiffs claimed in fee. The defendant pleaded the general issue. The plaintiffs showed a patent from Queen Anne to Andreas Coeymans and others, bearing date the sixth day of August, 1714, under which the premises in question became the property of Isaac D. Yerplanck, who devised all his interest in the same to the plaintiffs on the 26th day of June, 1828. On the sixth day of June, 1815, an…
1Opinion of the Court
By the Court, Parker, J.
By the indenture in question, Isaac D. Yerplanck reserved the*right to receive, and the lessees promised to pay one-sixth part of the purchase money, whenever the premises should be sold by the lessees, their heirs or assigns. He also reserved a pre-emption right to the property, at a deduction of one-sixth of its price or value. The plaintiff claimed at the trial, to recover, on the ground that the property had been twice sold without paying over the 11 sixth sale” reserved ; and that in both instances the sales had been made without having first offered to sell the…
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