Jackson ex dem. Hull v. Babcock
New York Supreme Court
THIS was an action of ejectment, brought to recover lands, which include the Mineral Spring, in the village of New Lebanon, in the county of Columbia, in the possession of the defendant.
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THIS was an action of ejectment, brought to recover lands, which include the Mineral Spring, in the village of New Lebanon, in the county of Columbia, in the possession of the defendant. The cause was tried at the Columbia circuit, in October, 1808. On the trial it was admitted by both parties, as follows : That prior to the year 1760, and from that time down to the 19th December, 1778, Charles Goodrich held the premises, claiming in his own right; that on the 19th December, 1778, James Hitchcock, an invalid, and a poor man, came to the Springs for the purpose of using the water ; on…
1Per curiam
The instrument of writing, given by Goodrich to Hitchcock, was a mere license, or personal privilege to inhabit; it conveyed no title to the premises. As soon as Hitchcock sold the premises to Cragie, it put an end to the privilege granted by Goodrich. The plaintiff is clearly entitled to recover.
Judgment for the plaintiff.
2Cited by20 opinions
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- Dark v. JohnstonSupreme Court of Pennsylvania · 1867
- Dolittle v. EddyNew York Supreme Court · 1849
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