Jackson ex dem. Baldwin v. Leonard
New York Supreme Court
Ejectment for part of lot No. 4, in the town of Ovid, in the county of Seneca, tried at the circuit in that county, June 3d, 1822, before Platt, late J. of the supreme court.
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Ejectment for part of lot No. 4, in the town of Ovid, in the county of Seneca, tried at the circuit in that county, June 3d, 1822, before Platt, late J. of the supreme court. On the trial, the plaintiff having deduced a regular paper title from the state to himself, the defendant relied for his defence on an adverse possession of 20 years before suit brought; and he showed that one Bryant took possession of the lot 4, in 1795, and obtained a deed for it in 1796, of one Jackson. Bryant continued in possession till about 1805, when M. Pitney, the father of Aaron & Joseph T. Pitney, claimed the…
1Opinion of the Court
Curia, per Sutherland, J.
The charge of the judge was erroneous. Leonard, the defendant, showed nothing like an adverse possession for 20 years. He purchased of Joseph T. Pitney only six or seven years before the trial, and then entered upon the lot for the first time. . Bryant swears expressly that he never sold to Leonard, or put him in possession of any part of the lot. Whether Bryant, or those claiming under him, could protect themselves on the ground of adverse possession, is not material; for' there was no privity between them and the defendant; and no continuity of Bryant’s possession…
2Cases cited1 opinion
- Jackson ex dem. Youngs v. VredenburghNew York Supreme Court · 1806
3Cited by6 opinions
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- McEntire v. BrownIndiana Supreme Court · 1867
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- Brainin v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
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