Jackson ex dem. Hardenbergh v. Schoonmaker
New York Supreme Court
THIS was an action of ejectment for lands in the town of Rochester ; it was tried at the Ulster circuit, before Mr. Justice Van Ness, and a struck jury ; eight of the jurors having been on a view of the premises.
Read the full summary
THIS was an action of ejectment for lands in the town of Rochester ; it was tried at the Ulster circuit, before Mr. Justice Van Ness, and a struck jury ; eight of the jurors having been on a view of the premises. The plaintiff offered in evidence a will of Josephat Dubois, dated 4th September, 1737, and it was proved by showing that the witnesses were dead, and proving’ their hand-writing; and that the testator died on the 12th of September, 1737. The Judge decided, that an estate for life, was thereby given to- Fijatje Dubois, the testator’s widow ; and after her death, the fee of the lands…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. In this case, a regular paper title to the premises was shown to reside in those lessors of the plaintiff, who are daughters of Josephat Dubois. He died in the year 1757, and by his will, an estate was given to his widow, for life, provided she remained his widow, (as she did,) and after her death, the remainder in fee to his daughters.
1. The first, and, indeed, the only material question of law arising upon the case is, whether the lessors are not barred by the statute of limitations. Assuming it as a *402fact, that Dubois was not disseised, and…
2Cited by26 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Brashears v. CollisonCourt of Appeals of Maryland · 1955
- Long v. LongCourt of Appeals of Maryland · 1884
- Pryor v. WinterCalifornia Supreme Court · 1905
21 more not listed; retrieve them via the Exa API.