Jackson ex dem. Murray v. Hazen
New York Supreme Court
This was an action of ejectment, brought to recover a piece of land, in lot No. 24, in Hassenclsaver’s patent, in Ilerlcimer county, and was tried at the Circuit Court in that county on the 28th June, 1806, before Mr. Justice Spencer.
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This was an action of ejectment, brought to recover a piece of land, in lot No. 24, in Hassenclsaver’s patent, in Ilerlcimer county, and was tried at the Circuit Court in that county on the 28th June, 1806, before Mr. Justice Spencer. The counsel for the plaintiff, on opening the cause, stated, that they should .prove a mere possessory title in the lessors of the plaintiffs, namely, that Bowen, one of the lessors of the plaintiff, being in the possession of the premises in question, on the 1st of Jammy, 1803, leased them to one Wait, for a year, for the rent of $35. Wait entered, and…
1Per curiam
Had the defendant come into possession of the premises peaceably, a question would have then been presented whether t he lessors of the plaintiff, who relied upon a mere possessory title, were not bound to show a possession for 20 years; and .this was, probably, the point of view in which the judge, at the circuit, considered the question raised. Hut, according to the statement of the case, the cause does not turn on that point. The defendant must be considered as a trespasser. One of the lessors of the plaintiff had been in the peaceable possession of the premises for near- 3 years, when the…
2Cited by23 opinions
- Sabariego v. MaverickSupreme Court of the United States · 1888
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Wilson v. PalmerTexas Supreme Court · 1857
- Lessee of Galloway v. OgleSupreme Court of Pennsylvania · 1810
- Bagley v. KennedySupreme Court of Georgia · 1890
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