Hasbrouck v. Burhans

The action is ejectment. Both parties claim title under Philip Smedes, who was in possession of the premises in 1810 and continued in possession until his death, about the year 1826.

*300The plaintiff claimed to establish title as follows: He proved the recovery of a judgment by one Swart against Philip Smedes in the court of common pleas of Ulster county, January 19, 1818, for the sum of $506.72 and $18.83 costs. He then proved by the deputy county clerk that he had made diligent search for an execution or fieri facias upon this judgment and could not find any in the clerk’s office. He then read…