Legal Opinion

Jackson ex dem. Potter v. Scoville

New York Supreme Court

Decided September 9, 1830PublishedCited by 7 opinions

Motion in an action of ejectment brought against eleven defendants, that they have leave to sever in "their defence, and that the plaintiff enter into a separate consent rule with each defendant.

1Opinion of the Court

By the Court,

Savage, Ch. J.

The facts are that the lessors of the plaintiff claim a military lot in Ca mill us, as heirs at law of the soldier who merited the lot. The defendants, eleven in number, are in possession severally of distinct portions of the lot, but without any connection or community of interest, holding by separate titles, but all derived from the same person, who they insist was the soldier who merited the lot, and who is a different person from him under whom the plaintiff claims. There is but one suit brought against all the persons in possession of the several parcels of the…

2Cited by7 opinions

  1. Jackson, ex rel. Hendricks v. AndrewsNew York Supreme Court · 1831
  2. Chambers v. FiskTexas Supreme Court · 1855
  3. Gibbons v. MartinU.S. Circuit Court for the District of Oregon · 1877
  4. Barth v. MarcuseCircuit Court of the 17th Circuit of Michigan · 1881
  5. Den on Demise of Love v. WilbournSupreme Court of North Carolina · 1845

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