Legal Opinion

White v. Lester

New York Court of Appeals

Decided March 15, 1864Published

Action of ejectment to recover the possession of certain lands in the village of Fredonia, in the county of Chantan qne. The trial was had in that county before Justice Davis, without a jmy, and resulted in a judgment for the defendants, which judgment was affirmed at a general term of the supreme court. From the latter judgment the plaintiff appealed to this court. The facts are sufficiently stated in the opinion of the court.

1Opinion of the CourtHogeboom, J.

The plaintiff sues in ejectment to recover *137from the defendants the possession of certain premises in Chantanque county. He claims title through John Z. Saxton, who was the admitted owner in 1837, and he showed a regular deduction of title from and through him, sufficient to maintain the action, unless it is defeated by facts to be hereafter noticed.

The defendants also claim through Saxton, who in August, 1837, executed to the commissioners for loaning certain moneys of the United States, a mortgage upon said premises, pursuant to the laws of 1837 (chap. 150), on which default was made in…

2Cases cited2 opinions

  1. Pell v. . UlmarNew York Court of Appeals · 1858
  2. King v. StowNew York Court of Chancery · 1822

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