Legal Opinion

Den ex dem. Watson v. Mulford

Supreme Court of New Jersey

Decided October 15, 1848Published

This was an ejectment for an undivided moiety of a saw mill and 28 acres of land in Salem county — tried at Salem Circuit, February, 1847. A verdict was taken for the plaintiff, with leave for defendants to move to set it aside and enter a nonsuit, if the court should be of opinion that the plaintiff was not entitled to recover.

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This was an ejectment for an undivided moiety of a saw mill and 28 acres of land in Salem county — tried at Salem Circuit, February, 1847. A verdict was taken for the plaintiff, with leave for defendants to move to set it aside and enter a nonsuit, if the court should be of opinion that the plaintiff was not entitled to recover. Both parties claimed under Adam Minch, who was seized and possessed of the whole tract, until July 28, 1827, on which day Miooh conveyed one moiety to John Watson, the lessor of the plaintiff, but this was not the moiety in dispute in this cause. In 1827, five…

1Opinion of the Court

Opinion of the court delivered by

Carpenter, J.

The case was argued upon the effect to be given to the instrument purporting to be a Sheriff’s deed, made by Sheriff Newell, under the order of Salem Pleas of May Term, 1846. Both parties claim under Minch : the lessor of the plaintiff by deed from him dated 21st February, 1839. The defence is, that the premises in question were previously sold *504by E. Smith, Sheriff of Salem to S. Dare, now deceased ; but although it is said that Dare bid the property off at the Sheriff’s sale, paid {he money, and subsequently became possessed of the premises, no…

2Cases cited4 opinions

  1. Knox v. JenksMassachusetts Supreme Judicial Court · 1811
  2. Gray v. GardnerMassachusetts Supreme Judicial Court · 1807
  3. Malaun's Adm'r v. AmmonSupreme Court of Pennsylvania · 1854
  4. Bergen v. BennettCourt for the Trial of Impeachments and Correction of Errors · 1804

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