Christie v. . Gage
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a verdict, and affirming an order denying a motion for a new trial. This was an action of ejectment to recover nine-thirtieths of one hundred acres of land situate in Middlesex, Yates county.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a verdict, and affirming an order denying a motion for a new trial. This was an action of ejectment to recover nine-thirtieths of one hundred acres of land situate in Middlesex, Yates county. The action was originally brought by Samuel Christie against Franklin J. Green; both parties having died during its progress, the present parties, their heirs-at-law, were substituted. Andrew Christie died February 24, 1824, seized of the premises in…
1Opinion of the CourtAndrews, J.
It is to be assumed upon this appeal that Andrew Christie the younger took a life estate only in the one hundred acres of land devised to him by the will of his grandfather, and that the fee passed by descent to the heirs of the testator. The judge so ruled upon the trial; and it is undisputed, assuming this to be the true construction of the will, that the “First Presbyterian church of West Town,” at the time of its conveyance to Samuel Christie, the original plaintiff, on the 24th of September, 1867, owned in fee by title derived from David Christie, one of the sons of the testator, the…
2Cases cited5 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Jackson ex dem. Webber v. HarsenNew York Supreme Court · 1827
- Clarke v. HughesNew York Supreme Court · 1852
3Cited by15 opinions
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Smith v. MaberrySupreme Court of Arkansas · 1921
- In re the Appraisal of the Estate of StarbuckAppellate Division of the Supreme Court of the State of New York · 1910
- Barrett v. StradlWisconsin Supreme Court · 1889
- Partenfelder v. . PeopleNew York Court of Appeals · 1914
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