3 Barb. 341 | N.Y. Sup. Ct. | 1848
By the Court,
It is true, in the action of ejecC ment the plaintiff must recover on the strength of his own title, •and not upon the weakness of his adversary’s title. In the .present case, however, all these parties claim title from the same common source, Barnabas Corwin, deceased, and there is no question as to the plaintiffs’ title and right to recover, unless their title was divested by the proceedings before the surrogate, on the application of the executors to sell this real estate to pay the debts of the said Barnabas Corwin. If those proceedings are valid, and can be maintained, upon the proof in the case, then the plaintiffs are not entitled to recover, and the judgment should be for the defendants. The plaintiffs made a perfect title to the premises, and when they rested their