1 Lock. Rev. Cas. 18
Court for the Trial of Impeachments and Correction of Errors
Decided July 1, 1799
Court for the Trial of Impeachments and Correction of Errors · decided 1799-07-01
Irr ejectment for an undivided part of a lot of land, brought by N. who claimed under a deed from one of the children of A., the following facts appeared. A. died in possession of the lot sometime between 1776 and 1782, leaving several children to whom he devised his real estate, in general terms, as tenants in common.
Relies on Brown v. Kimball
Decided 1799-07-01
¶1The Court of Errors held, that the charge was erroneous, as calculated to mislead the jury on the question of adverse possession.
¶2See opinion of Walworth, Ch., who says that the decision made in Brown v. Kimball (25 Wend. 259), is not to be considered as settling the law, beyond the particular facts of that case.
¶3Judgment reversed, 16 to 4.