Vrooman v. Shepherd
New York Supreme Court
This was an action of ejectment, for lots A. and B., in a certain allotment of Kayaderosseras patent, in Saratoga county, tried a second time before Mr. Justice Hand, in June, 1851. The jury found a verdict for the plaintiff for the one hundredth part of lot B., and the defendant tendered a bill of exceptions, upon which he now moved for a new trial. The suit was commenced in October, 1845, and was first tried in 1848, and a new trial granted.
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This was an action of ejectment, for lots A. and B., in a certain allotment of Kayaderosseras patent, in Saratoga county, tried a second time before Mr. Justice Hand, in June, 1851. The jury found a verdict for the plaintiff for the one hundredth part of lot B., and the defendant tendered a bill of exceptions, upon which he now moved for a new trial. The suit was commenced in October, 1845, and was first tried in 1848, and a new trial granted. The plaintiff gave in evidence the patent granted in 1708, to Joies Hoagland, Adrian Hoagland and eleven others, and proceedings in partition, in 1768,…
1Opinion of the CourtHand, J.
At the last trial of this cause I supposed that thé majority of the court were of opinion that adverse possession of the property intended to be conveyed, would not invalidate the deed given by the father of the plaintiff to her and others ; and with that understanding, so ruled at the circuit, contrary to the opinion I had before entertained. But it seems that some *449members of the court acted upon a supposed decision of the court of appeals, which it is now said was made upon quite a different state of facts; and, perhaps, without a majority of that court referring to this point at all. If…
2Cases cited14 opinions
- Johnson v. CorbettNew York Court of Chancery · 1844
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Dolittle v. EddyNew York Supreme Court · 1849
- Williams v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1809
- Ward v. Van BokkelenNew York Court of Chancery · 1830
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3Cited by5 opinions
- Baker v. BrintrallNew York Supreme Court · 1868
- Furlong v. GarrettWisconsin Supreme Court · 1878
- Mosher v. YostNew York Supreme Court · 1861
- Bogert v. BogertNew York Supreme Court · 1889
- Ellege v. CookeTennessee Supreme Court · 1880