Jackson ex dem. Dunbar v. Todd
New York Supreme Court
This was an action of ejectment to recover lot 25, in the town of Marcellus, and tried before Mr. Justice Thompson, on the 25th of June, 1803, at the circuit court held in Onondaga.
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This was an action of ejectment to recover lot 25, in the town of Marcellus, and tried before Mr. Justice Thompson, on the 25th of June, 1803, at the circuit court held in Onondaga. The plaintiff deduced his title from "William Dunbar, one of the lessors, a soldier in the revolutionary army, and' to prove it, adduced, first, the patent from the state for the lands in question, dated the 8th July, 1790. Then a deed of the 8th March, 1784, from Dunbar to Zebulon Mercy; another of the 23d June, 1794, from Mercy to Zephaniah Platt; and a further deed of the 5th September, 179.7, from Platt to…
1Opinion of the Court
KENT, Ch. J.
We are of opinioiMhat the evidence established an adverse possession in the defendant(a) at the time of the execution of the deed from Platt to Thorn, The defendant was then' in possession, holding under B. Isaacs, who claimed title under a deed for a valuable consideration from the executors of Brooks. This was a claim under color of title adverse to the plaintiff’s title, and sufficient to destroy all presumption that the defendant was in possession under the plaintiff, or held in obedience to his right. His possession was the possession of Isaacs, who claimed the lot as his…
2Cases cited4 opinions
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
- Jackson ex dem. Teed v. HalsteadNew York Supreme Court · 1825
- Jackson ex dem. Dox v. JacksonNew York Supreme Court · 1825
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