¶1We grant the motion*; unless the les» sors of the plaintiff will elect by the first day of the next *367term to have a feigned issue, in order to try the fact in controversy. This seems to be the course of proceeding in the English courts, when the fac't is doubtful whether the lessor has taken possession of more land than he has recovered, or not. (5 Burr. 2673.)
5 Johns. 366
Jackson v. Hasbrouck
Decided February 15, 1810
New York Supreme Court · decided 1810-02-15
<p>In an action of ejectment, where the defendant alleges that the lessor of the piamtiff has taken possession of more land than was recovered by eomtw'iu order hui where ‘ the the ISproperfUl> course is to award a icigned issue to try the question.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1810-02-15
How this case has been cited
Cited by 3 later decisions — most recently October 1894
2 state decisions
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