4 Johns. 390 | N.Y. Sup. Ct. | 1809
delivered the opinion of the court. In this case, a regular paper title to the premises was shown to reside in those lessors of the plaintiff, who are daughters of Josephat Dubois. He died in the year 1757, and by his will, an estate was given to his widow, for life, provided she remained his widow, (as she did,) and after her death, the remainder in fee to his daughters.
1. The first, and, indeed, the only material question of law arising upon the case is, whether the lessors are not barred by the statute of limitations. Assuming it as a
2. The second material point made in the cause is, as to a disseisin or adverse possession, existing at the time of the death of Dubois, On this point, the testimony is contradictory, and must be very uncertain, from the great length of time which has elapsed since the death of Dubois, which was 51 years before the time of the trial. Five witnesses on the part of the defendant, testified to facts in favour of the existence of such adverse possession, though none of the facts tended to establish a disseisin, in the strictly technical sense of the term. Four witnesses on the part of the plaintiff, testified to facts contradicting the existence of any such possession. Considering the remoteness of the period to which the witnesses referred, the loose and uncertain tenor and manner of their testimony, the ambiguous nature of the possession set up, the contradictory and nearly balanced testimony upon the subject, and that the cause was tried
Motion denied.