Jackson ex dem. Barton v. Crissey
New York Supreme Court
This was an action of ejectment, tried at the Orange circuit before the Hon. James Emott, one of the circuit judges. The action was brought for the recovery of an undivided eighth part of certain premises in possession of the defendant, parcel of a farm whereof Amos Miles, the ancestor of the lessor of the plaintiff, died seised and possessed, and of whom she was one of eight heirs at law.
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This was an action of ejectment, tried at the Orange circuit before the Hon. James Emott, one of the circuit judges. The action was brought for the recovery of an undivided eighth part of certain premises in possession of the defendant, parcel of a farm whereof Amos Miles, the ancestor of the lessor of the plaintiff, died seised and possessed, and of whom she was one of eight heirs at law. To resist the recovery, the defendant relied on a quit-claim deed, alleged to have been executed by the lessor of the plaintiff, as long since as 1791, to her brother, Zachariah Miles, whereby she conveyed…
1Opinion of the Court
The opinion of the court on this question as to the admissibility of this evidence was as follows:
By the Court,
Savage, Ch. J.
What a deceased witness has sworn at a former trial between the same parties, in relation to the same issue, is proper evidence. Under the term parties, are comprehended all persons standing in relation of privies in blood, privies in estate or privies in law ; (15 Johns. R. 544; but Barrett, in the suit against whom the testimony was given, was neither. He held indeed under the same title, that is, he derived title from Amos Miles though the deeds from his heirs to…
2Cited by8 opinions
- Yale v. ComstockMassachusetts Supreme Judicial Court · 1873
- Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
- Morehouse v. MorehouseNew York Supreme Court · 1886
- Orr v. HadleySupreme Court of New Hampshire · 1858
- Morehouse v. MorehouseNew York Supreme Court · 1886
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