Whitney v. Wright
New York Supreme Court
This was an action of ejectment, tried at theWashington circuit in November, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The premises claimed are 40 acres of land, part of lot No. 25, in the Artillery patent, situate in the town of Fort Ann.
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This was an action of ejectment, tried at theWashington circuit in November, 1833, before the Hon. Esek Cowen, then one of the circuit judges. The premises claimed are 40 acres of land, part of lot No. 25, in the Artillery patent, situate in the town of Fort Ann. The plaintiff produced the following documentary evidence; 1. A quit-claim deed from James Barker to Ezra Barker, dated 17th December, 1808, conveying about 75 acres of land, and embracihg the premises in question; 2. A quit-claim deed from Ezra Barker to Oliver Cleaveland, dated 22d July, 1816, consideration expressed $1000,…
1Opinion of the Court
By the Court,
Bronson, J.
The plaintiff relies on the possession of those "under whom he claims, without showing that they ever had a paper title to the property. Harvey, Carter, Reynolds and Childs were successively in possession of the premises before James Barker entered and conveyed to his son: but it does not appear when Harvey, the first occupant, went into possession, nor how long he or either of the other persons named, occupied the property. Harvey, Carter and Reynolds, when in possession, severally claimed to own the land ; but it is not stated that Childs either claimed any interest…
2Cases cited3 opinions
- Jackson ex dem. Livingston v. WalkerNew York Supreme Court · 1827
- Jackson ex dem. Murray v. DennNew York Supreme Court · 1825
- Jackson ex dem. Southampton v. CoolyNew York Supreme Court · 1801
3Cited by32 opinions
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Coogler v. RogersSupreme Court of Florida · 1889
- Christy v. ScottSupreme Court of the United States · 1853
- Hart v. BostwickSupreme Court of Florida · 1872
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