Jackson ex dem. Hungerford v. Eaton
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession of one half of lot number ninety, in Cincinnatus„ Hungerford, a soldier, who served in the revolutionary war, was owner of the lot, and died during the war, leaving six children, of whom Levi H. was the eldest, and heir at ^'dW' &was Emitted, that the lessors were children of the soldier, but all younger than Levi H The defendant offefed in evidence a deed from Levi Hungerford, to Daniel' Hungerford, for the…
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THIS was an action of ejectment, brought to recover the possession of one half of lot number ninety, in Cincinnatus„ Hungerford, a soldier, who served in the revolutionary war, was owner of the lot, and died during the war, leaving six children, of whom Levi H. was the eldest, and heir at ^'dW' &was Emitted, that the lessors were children of the soldier, but all younger than Levi H The defendant offefed in evidence a deed from Levi Hungerford, to Daniel' Hungerford, for the whole lot, dated Movember 17, 1796, the consideration of which, as expressed, was 500 dollars. This deed was not proved…
1Opinion of the CourtVan Ness, J.
The lessors of the plaintiff have shown, prima facie, a title to half of the lot; and the question is, whether the defendant, on his part, has shown either a better title in himself, or one outstanding in some other person; and whether he has or not, depends upon the decision of the following points :
1st. Was the deed from Levi Hungerford, the heir at law, at the time of the death of the soldier, to his brother Daniel, sufficiently proved on the trial ? and if it was, then,
2d. Did the deed pass the title to the whole, or to a part of the lot only ?
1. The deed from Levi M. to Daniel H. was not…
2Cited by3 opinions
- Graser v. . StellwagenNew York Court of Appeals · 1862
- Hadduck v. WilmarthSuperior Court of New Hampshire · 1830
- Graser v. StellwagenNew York Court of Appeals · 1862