Jackson ex dem. Preston v. Smith
New York Supreme Court
THIS was an action of eiectment for lot No. 7. in -the town-_ , ** ‘ ,. . . > ship of Ovid, and was tried at the Seneca’circuit, m June, 1815, r" ’ ‘ before Mr. Justice Van JVess. ' - * ' “ -» The lessor of the plaintiff gave in evidence the letters patent for lot No. 7. in Ovid, to Jacob Van Gender, 'bearing date the 13th of September, 1790, to which was attached a certificate fi’oru the secretary of state,, that the- patentee’s name entered in the ballot-book, and that he…
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THIS was an action of eiectment for lot No. 7. in -the town-_ , ** ‘ ,. . . > ship of Ovid, and was tried at the Seneca’circuit, m June, 1815, r" ’ ‘ before Mr. Justice Van JVess. ' - * ' “ -» The lessor of the plaintiff gave in evidence the letters patent for lot No. 7. in Ovid, to Jacob Van Gender, 'bearing date the 13th of September, 1790, to which was attached a certificate fi’oru the secretary of state,, that the- patentee’s name entered in the ballot-book, and that he was described as a dead soldier, formerly belonging to .the Sth regiment, (Godwin’s ■ company,) and that from the list…
1Opinion of the CourtYates, J.
The important inquiry in this cause is, as to the character, duration, and effect of the defendant’s possession ; and it involves the following questions : 1st. Whether the premises have been held adversely for 20 years before suit brought ? and, 2d. If adverse, (although not for that period,) what the legal operation of such possession is, with regard to the conveyances introduced by both parties, as evidence of title ?
The deed of September, 1791, from Reuben Van Gelder to Stephen Thorne, for the whole lot, cannot control the possession of the defendant, and of his father, so as to make it…
2Cited by17 opinions
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
- Bogardus v. Trinity ChurchNew York Court of Chancery · 1833
- Culver v. . RhodesNew York Court of Appeals · 1882
- Town v. NeedhamNew York Court of Chancery · 1831
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