Pitney v. Leonard
New York Court of Chancery
In 1813, the defendant John Leonard purchased of J. T. Pitney 235 acres of land on the west end of lot No. 4, in Ovid, and went into possession thereof. In 1816, he purchased other 235 acres of the complainant, in the same lot adjoining the first purchase, for $3,800, and gave back a bond and mortgage for the purchase-money.
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In 1813, the defendant John Leonard purchased of J. T. Pitney 235 acres of land on the west end of lot No. 4, in Ovid, and went into possession thereof. In 1816, he purchased other 235 acres of the complainant, in the same lot adjoining the first purchase, for $3,800, and gave back a bond and mortgage for the purchase-money. The mortgage was never registered; and shortly after the last purchase, J. Leonard conveyed 116 acres of the mortgaged premises with warranty to B. Bryant. In 1819, S. W. Baldwin claimed the whole of lot No. 4, and brought ejectment suits against J. Leonard and others who…
1Opinion of the Court
The Chahoellor :—I have not thought it necessary to examine the question whether Aaron Pitney had the legal title to the land at the time he conveyed to J. Leonard. The latter went into possession under that title, which is to be presumed good until the contrary is shown. From the testimony adduced, there is no doubt the judgment in the ejectment suit was confessed for the purpose of destroying the lien of the complainant’s mortgage. It was fraudulent and void as against him; and it is hardly possible to believe B. Leonard was not acquainted with the real nature and object of the transaction.…
2Cases cited4 opinions
- Brush v. WareSupreme Court of the United States · 1841
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Peters v. GoodrichSupreme Court of Connecticut · 1819
3Cited by9 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Lawrence v. DanaU.S. Circuit Court for the District of Massachusetts · 1869
- Wright v. RossCalifornia Supreme Court · 1868
- Phillips v. ReitzSupreme Court of Kansas · 1876
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
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