Short v. Wilson
New York Supreme Court
THIS was an action of trespass on the case, which was tried at the Ontario circuit, in June, 1814, before Mr. J. VanNess, and a verdict taken for the plaintiff, subject to the opinion of the court. The declaration contained four counts, in the three first of , which, the plaintiff alleged an injury to his reversion in 100 .acres of land, in lot No. S3., in township No. H., in the town of Phelps, by digging; and carrying away gypsum: the fourth was a count in trover.
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THIS was an action of trespass on the case, which was tried at the Ontario circuit, in June, 1814, before Mr. J. VanNess, and a verdict taken for the plaintiff, subject to the opinion of the court. The declaration contained four counts, in the three first of , which, the plaintiff alleged an injury to his reversion in 100 .acres of land, in lot No. S3., in township No. H., in the town of Phelps, by digging; and carrying away gypsum: the fourth was a count in trover. T¿e defendant pleaded the genera! issue, and several special pleas, denying the title,, and alleging a title out of the…
1Opinion of the CourtThompson, J.
The premises in question are one hundred acres of lánd, át the southwest corner of lot No. S3, township No. 11, in the town of Phelpsi It was admitted, on the trial, that the title, waa once duly vested in Oliver Phelps, from whom the .plaintiff derived his title, by-, deed, bearing date the. 14th of November, 1801. A previous contract for the land had, however, been made by the plaintiff with Peter B. Porter, as attorney for Oliver Phelps. The articles of agreement bear date the 22d of September, 1799. The power-of attorney to Porter was n'ot produced, but the .case furnishes abundant…
2Cited by3 opinions
- Curtiss v. LivingstonSupreme Court of Minnesota · 1887
- Phelps v. ThompsonNew York Supreme Court · 1922
- Parrott v. BarneyU.S. Circuit Court for the District of California · 1868