Corwin v. Merritt
New York Supreme Court
This was an action of ejectment, tried at the Tompkins circuit, in February, 1845, before the Hon. Robert Monell, one of the circuit judges.
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This was an action of ejectment, tried at the Tompkins circuit, in February, 1845, before the Hon. Robert Monell, one of the circuit judges. The suit was brought to recover four equal undivided fifth parts of twenty-one acres of land, being part of lot 61 in tbe town of Lansing, in the county of Tompkins, whereof Barnabas Corwin, the grandfather of the plaintiffs, died seised,, in July, 1826. The plaintiffs, when they rested their case, showed a valid title to the premises in question, by devise from the said Barnabas Corwin. The defence set up was a deed of the premises under a sale by…
1Opinion of the Court
By the Court,
Mason, J.
It is true, in the action of ejecC ment the plaintiff must recover on the strength of his own title, •and not upon the weakness of his adversary’s title. In the .present case, however, all these parties claim title from the same common source, Barnabas Corwin, deceased, and there is no question as to the plaintiffs’ title and right to recover, unless their title was divested by the proceedings before the surrogate, on the application of the executors to sell this real estate to pay the debts of the said Barnabas Corwin. If those proceedings are valid, and can be…
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