Kent v. Harcourt
New York Supreme Court
THIS action was brought to recover the possession of two pieces of land in the town of Marlborough, Ulster county. The plaintiff, Mercy Kent, claimed title to the premises in question as an heir at law of J ohn Sands, who it is claimed had title under two deeds, alleged to have been given to said J ohn by his father, Benjamin Sands, somewhere about 1814, (previous to which time the title was admitted by both parties to have been in Benjamin,) and also on the ground that John…
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THIS action was brought to recover the possession of two pieces of land in the town of Marlborough, Ulster county. The plaintiff, Mercy Kent, claimed title to the premises in question as an heir at law of J ohn Sands, who it is claimed had title under two deeds, alleged to have been given to said J ohn by his father, Benjamin Sands, somewhere about 1814, (previous to which time the title was admitted by both parties to have been in Benjamin,) and also on the ground that John from that time till his death in 1850, held adverse possession of the premises. The defendants set up a conveyance of…
1Opinion of the Court
By the Court,
Scrugham, J.
The evidence of the loss of the deeds from Benjamin Sands and his wife to John Sands was sufficient to admit paroi proof of their contents ; 'and one of the principal questions we have to. consider, is whether the paroi testimony of their contents was sufficient to' entitle the plaintiffs to recover upon them. One of the subscribing witnesses to the deeds testified that at the time of their execution Benjamin Sands, the grantor, told him the deeds conveyed the premises which are the subject of this action, and Joseph Sheffield, a witness called by the plaintiffs,…
2Cases cited7 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Harpending v. Minister, Elders, & Deacons of the Reformed Protestant Dutch ChurchSupreme Court of the United States · 1842
- Hearsey v. PruynNew York Supreme Court · 1810
- Jackson ex dem. M'Crackin v. WrightNew York Supreme Court · 1817
- Jackson, ex dem. Bowen v. BurtonNew York Supreme Court · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Davis v. BowmarMississippi Supreme Court · 1878
- Horne v. Carter's AdministratorsSupreme Court of Florida · 1883
- In re the Estate of BernardNew York Surrogate's Court · 1941
- Cramer v. BentonNew York Supreme Court · 1873
5 more not listed; retrieve them via the Exa API.