Jackson v. Van Dalfsen
New York Supreme Court
THIS was an action of ejectment for four lots of , , _ . , . . , r at, m > land, at 6oeymans, m the county or Albany. 1 he cause was tried before Mr. Chief Justice Kent, at the Albany circuit, in October, 180/. At the trial, the plaintiff gave in evidence a power of attorney from Andries Ten Eyck, and Peter Ten Eyck, to the lessor, dated the 26th of May, 1796, by which they empowered M'-Carty as follows : “to cause a tract of land at Coeyman’s to be surveyed and laid out…
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THIS was an action of ejectment for four lots of , , _ . , . . , r at, m > land, at 6oeymans, m the county or Albany. 1 he cause was tried before Mr. Chief Justice Kent, at the Albany circuit, in October, 180/. At the trial, the plaintiff gave in evidence a power of attorney from Andries Ten Eyck, and Peter Ten Eyck, to the lessor, dated the 26th of May, 1796, by which they empowered M'-Carty as follows : “to cause a tract of land at Coeyman’s to be surveyed and laid out into house-lots and streets, and to sell the same for the highest price, and to, the best advantage; and to give and…
1Opinion of the Court
Thompson, j.
delivered the opinion of the court. Whether the conveyance given by MiCarty to Van Anttverp was absolutely void, appears to be the material question in this case. If it was void, the plaintiff according to his oxvn shoxving would have no title, and, of course, no right to recover, although no privity be shoxvn between the defendant and the Ten Eycks. I do not see hoxv this deed can be said to be void. It is not so upon the face of it; nor does it appear to be made in violation of any statutory provision, or repugnant to any common laxv principles, so as to authorise the court to…
2Cited by23 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Boyd v. BlankmanCalifornia Supreme Court · 1865
- Price v. WinterSupreme Court of Florida · 1875
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