General

Overbagh et al. v. Patrie

6 N.Y. 510·New York Court of Appeals·1852·NY

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Opinion

*Overbagh et al. v. Patrie. Appeal from the general term of the Supreme Court, in the third district, where a verdict in favor of the plaintiff had been set aside, and a new trial granted. (Reported below, 8 Barb. 28.) This was an ejectment for a farm in Coeymans, in the county of Albany, which the plaintiffs claimed in fee. The question presented was the same as that decided in De Peyster v. Michael. There was a verdict, at the circuit, in favor of the plaintiffs, which was set aside by the court at general term, on a motion for a new trial; whereupon, the plaintiffs appealed to this court. Stevens, for the plaintiff. Taber, for the defendant. [MAJORITY — Per Curiam.] Per Curiam. — Judgment affirmed, for the reasons given in De Peyster v. Michael.