Jackson ex dem. People v. Brown
New York Supreme Court
This was. an action of ejectment, tried a.t the Erie circuit in April, 1830, before the Hon. Addison Gardner, one of the circuit judges.
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This was. an action of ejectment, tried a.t the Erie circuit in April, 1830, before the Hon. Addison Gardner, one of the circuit judges. The plaintiff claimed the premises in question under a mortgage from the Bank of Niagara to the people of the state, bearing date the 10th September, 1818, registered in the office of the secretary of state the 25th September, 1819. The plaintiff produced an exemplification of a mortgage between “ The President, Directors and Company of the Bank of Niagara, by John G. Camp, their cashier, and lawful attorney, thereunto duly authorized, of the first part, and…
1Opinion of the Court
By the Court,
Sutherland, J.
The bank of Niagara is the common source of title, and if the mortgage to the state was duly executed, delivered and recorded, the plaintiff must recover; the regularity of the foreclosure not being questioned.
The defendant however contends, 1st. That the bank of Niagara had no power to mortgage their real estate; 2d. that if they had, the mortgage in this case was not well executed ; 3d. that the comptroller had no authority to accept the mortgage on behalf of the state. We are of opinion that neither of these objections is well founded.
The act of incorporation,…
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- Richards v. Merrimack & Connecticut River RailroadSupreme Court of New Hampshire · 1860
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