Vrooman v. Weed
New York Supreme Court
This was an action of ejectment, in which the plaintiff, in the first count of her declaration, claimed the whole of lot D. in lot No. 3, in great lot No. 1, in the 24th allotment of the patent of Kayaderosseras. And in the second count of the declaration, she claimed one undivided twenty-fifth of the same lot.
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This was an action of ejectment, in which the plaintiff, in the first count of her declaration, claimed the whole of lot D. in lot No. 3, in great lot No. 1, in the 24th allotment of the patent of Kayaderosseras. And in the second count of the declaration, she claimed one undivided twenty-fifth of the same lot. The cause was tried at the Saratoga circuit, before Willard, circuit judge, in May, 1846. On the trial, the plaintiff proved a title to one undivided one hundred and fifteenth part of the said lot, and that the defendant was in possession claiming title to the whole lot, when the…
1Opinion of the Court
By the Court, Cady, P. J.
Before the revised statutes, a plaintiff in an action of ejectment was not obliged to describe the premises which he claimed, more particularly, in his declaration, than by alleging that one hundred acres of meadow, one hundred acres of pasture land, &c. in the town of Knox, in the county of Saratoga, were demised, for ten or other number of years. The demise being admitted, all the title which the lessor need show, was such as would warrant the demise stated in the declaration for any divided or undivided part of the premises claimed. The plaintiff could not be…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1837
- Van Alstyne v. SprakerNew York Supreme Court · 1835
- Jackson v. HasbrouckNew York Supreme Court · 1810
3Cited by4 opinions
- Weyerhaeuser Co. v. Department of EcologyWashington Supreme Court · 1976
- Moses v. JulianSupreme Court of New Hampshire · 1863
- Barley v. RoosaNew York Supreme Court · 1891
- Johnson v. . SirretNew York Court of Appeals · 1897