Jackson ex dem. Bartlett v. Henry
New York Supreme Court
This was an action of ejectment, tried before the Chief Justice, at the Montgomery couns, in September, 1812 The declaraflon contained a demise from Jog ith B~r&t19 and IIan~rtah his wife, to the p1aintifl~, from the 1st May, 18O~, for, 15 years; and similar demises from William J~1i1ea, Erastas Mil~a, ~Tosiah Fosgate and his wi~e~ Damiel B~ Miles and Mary Miles~ It was proved that Daniel Miles died in possession of the pre. mises in question, in the summer, or early in the…
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This was an action of ejectment, tried before the Chief Justice, at the Montgomery couns, in September, 1812 The declaraflon contained a demise from Jog ith B~r&t19 and IIan~rtah his wife, to the p1aintifl~, from the 1st May, 18O~, for, 15 years; and similar demises from William J~1i1ea, Erastas Mil~a, ~Tosiah Fosgate and his wi~e~ Damiel B~ Miles and Mary Miles~ It was proved that Daniel Miles died in possession of the pre. mises in question, in the summer, or early in the autumn, of 1800, leaving the lessors his heirs at law. The defendant gave in evidence the last will of Daniel…
1Opinion of the Court
Kent, Ch, J.
delivered the opinion of the court. The material and important question presented by the bill of exceptions is, whether a bona fide purchaser, without notice, under a sale duly made according to the statute, by virtue of a power contained in a mortgage, can protect himself against the allegation of usury in the debt for which the bond and mortgage were given. The statute (sess. 24. c. 146.) authorizes and regulates the sale under such a power; and requires it to be at public auction on six months’ notice, and declares that it “ shall not be defeated to the prejudice of any bona…
2Cases cited1 opinion
- Fletcher v. PeckSupreme Court of the United States · 1810
3Cited by45 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- House v. . CarrNew York Court of Appeals · 1906
- Jackson ex. dem. Merrit v. BowenNew York Supreme Court · 1827
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