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9 Wend. 223

Day v. Alverson

New York Supreme Court

Decided May 15, 1832

New York Supreme Court · decided 1832-05-15

<p>A plaintiff in ejectment claiming the premises in fee is entitled to recover, although, he only shew title by possession.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1832-05-15

How this case has been cited

Cited by 16 later decisions — most recently October 1904

16 state decisions

3018321840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Ejectment. The plaintiffs in an action of ejectment claimed the premises described in their declaration as belonging to them in fee, and on the trial of the cause gave no higher evidence of title than title by possession. The presiding judge ruled that they were entitled to recover, and the defendant excepted to his decision. The plaintiffs now moved for judgment for the frivolousness of the bill of exceptions, and the court gave them judgment, holding that title by possession is prima facie evidence of a fee.

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