3 Barb. 404
Decided July 3, 1848
New York Supreme Court · decided 1848-07-03
This was an action of ejectment, tried at the Saratoga circuit, in May, 1846. The action was for the recovery of certain premises to which the plaintiff claimed title as the purchaser thereof at a sheriff’s sale under an execution issued upon a judgment in the supreme court, recovered by Peter Yan Ness against Isaac E. Guernsey and -Lewis Smith, the plaintiff in this suit.
Cited by 8 later decisions — most recently December 1895
8 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1848-07-03
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¶1dissented, on the question of alteration ; he holding tljqt the onus of showing the alteration to have been made before the execution and delivery of the assignment, was on the party setting up the instrument; and that this proof must be made before the lease could be received in evidence.
¶2New trial denied.