Bingham v. Weiderwax & Sutherland
New York Court of Appeals
Appeal from chancery. Henry Weidenvax and James Sutherland filed their bill in chancery, before the vice chancellor of the third circuit, against Anson Bingham, administrator of the estate of Jacob S. Van Burén, deceased, stating the case in substance as follows: On the 15th day of January, 1838, the said Jacob S. Van Burén applied to the President, Directors and Company of the Hillsdale and Chatham Turnpike Road, a body politic and corporate, to purchase certain real estate…
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Appeal from chancery. Henry Weidenvax and James Sutherland filed their bill in chancery, before the vice chancellor of the third circuit, against Anson Bingham, administrator of the estate of Jacob S. Van Burén, deceased, stating the case in substance as follows: On the 15th day of January, 1838, the said Jacob S. Van Burén applied to the President, Directors and Company of the Hillsdale and Chatham Turnpike Road, a body politic and corporate, to purchase certain real estate of which that corporation was seized, situated in the town of Schodack, county of Rensselaer. An agreement was…
1Opinion of the CourtJewett, C. J.
It is assumed by the chancellor that the land was not lost to Tan Burén in consequence of a defect of title; but that if the mortgage was properly foreclosed, the title had been lost by his neglect to pay it. I think there is an obvious mistake in that conclusion. The bill concedes that the title to the lands was not conveyed to Tan Burén, although he as well as his grantors supposed it was, by the deed executed to him. The complainants and the administrator of Tan Burén have since discovered that Tan Buren’s grantors were never seized of any estate in the lands; that the turnpike…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Shephard v. LittleNew York Supreme Court · 1817
- Colton v. RossNew York Court of Chancery · 1831
- Hamilton v. WilsonNew York Supreme Court · 1809
3Cited by8 opinions
- Barker v. . BradleyNew York Court of Appeals · 1870
- Resser v. CarneySupreme Court of Minnesota · 1893
- Arnot v. . Erie Railway Co.New York Court of Appeals · 1876
- Bayview General Hospital v. Associated Hospital ServiceNew York Supreme Court · 1964
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
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