Tompkins v. Snow

By the Court, Talcott, J.

This is an action of ejectment, to recover the possession of a lot in Ellis village, in the county of-Jefferson.

■ According to the findings of the referee, Allen Kilborn was the owner of the premises in fee, on and prior to April 1, 1841. On that day one Sherwood, assuming to act as the agent .of Allen Kilborn, entered into a written agreement for the sale of the premises to Samuel H. Stearns. Stearns being then in the possession of the premises under a lease from Allen Kilborn. The bargain made by Sherwood was for a sale of the property for $250, but he received a…