Webster v. Van Steenbergh
New York Supreme Court
MOTION for a new trial, on exceptions ordered to be heard in the first instance at a general term. The action was ejectment, commenced March 8, 1862, to recover the possession of about five acres of land, called the mine lot, in the town of Saugerties, Ulster county. John L. Mower, deceased, was the common source of title, the plaintiff claiming by title derived from his heirs at law, and the defendant by title derived from the said John L. Mower, deceased, in his lifetime.
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MOTION for a new trial, on exceptions ordered to be heard in the first instance at a general term. The action was ejectment, commenced March 8, 1862, to recover the possession of about five acres of land, called the mine lot, in the town of Saugerties, Ulster county. John L. Mower, deceased, was the common source of title, the plaintiff claiming by title derived from his heirs at law, and the defendant by title derived from the said John L. Mower, deceased, in his lifetime. The plaintiff’s grantor, Bennet Bichtmyer, claimed possession under a deed executed, by William M. Mower, one of the…
1Opinion of the CourtMiller, J.
The principal questions-in this case arise upon the decision of the justice, upon the trial, in granting the motion for a nonsuit. This motion was made on several grounds, which it is important to examine and consider.
It is said that the plaintiff was not a bona fide purchaser of the premises which he sought to recover, and hence he -' did not bring himself within the provisions of the recording act, (1 R. S. 756, § 1,) so as to give the conveyances under which he claimed title a priority over the alleged deed under which the defendant claimed, and which was lost and had not been recorded.
The…
2Cases cited9 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jumel v. JumelNew York Court of Chancery · 1839
- Varick v. BriggsNew York Court of Chancery · 1837
- Jackson, ex dem. Humphrey v. GivenNew York Supreme Court · 1811
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Landigan v. MayerOregon Supreme Court · 1898
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Page v. . WaringNew York Court of Appeals · 1879
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
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