Roseboom v. Vechten
New York Supreme Court
Ejectment, tried at the Albany circuit, in April, 1847, before Parker, Cir. J. The plaintiff sought to recover an undivided fourth part of a lot of land in the city of Albany. It was proved that Jacob Roseboom died seized in fee of the premises in 1797, leaving a widow—Hester Roseboom— and four children, of whom the plaintiff was one.
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Ejectment, tried at the Albany circuit, in April, 1847, before Parker, Cir. J. The plaintiff sought to recover an undivided fourth part of a lot of land in the city of Albany. It was proved that Jacob Roseboom died seized in fee of the premises in 1797, leaving a widow—Hester Roseboom— and four children, of whom the plaintiff was one. Shortly before his death, Jacob Roseboom made his will, by which he devised all his estate, real and personal, to his wife, for and during her widowhood; and all the residue of his estate, real and personal, to his four children in fee, as tenants in common.…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
If the plaintiff had a valid title to this land at any time, it became such on the death of his mother in 1826; and, as the present action was commenced in 1843, his title could not have been barred by the general statute of limitations, for that requires twenty years. (2 R. S. 292, art. 1.) But in 1824 a fine was levied of this land, proclamations being duly made in that and the next year thereafter; and this action not having been commenced within five years after the plaintiff’s right accrued in 1826, it was held, at the circuit, that the fine was a…
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