Jackson ex dem. Davy v. De Walts
This text of 7 Johns. 157 (Jackson ex dem. Davy v. De Walts) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The widow must be considered as entering as guardian, in socage, to her infant son, the lessor of the plaintiff. This is the legal intendment, especially as there was no act or declaration of the wife, inconsistent with that character. (1 Johns. Rep. 163.) The plaintiff showed title, and the defendant having-entered under that title, and with permission of the guardian of the plaintiff, cannot be permitted to set up [159]*159a title in a third person, in contradiction to the title under which he entered. (4 Johns. Rep. 210.) The motion to set aside the verdict must be denied.
Motion denied.
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