Jaycox v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Earl Y. Smith and another, from a ■judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 29th day of -July, 1895, upon the decision of the court rendered after a trial at the Schuyler Circuit before the court without a jury. Ejectment. The plaintiff’s title is thus derived: Bernardus :Swartwoufc is the common source of title..
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Appeal by the defendants, Earl Y. Smith and another, from a ■judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 29th day of -July, 1895, upon the decision of the court rendered after a trial at the Schuyler Circuit before the court without a jury. Ejectment. The plaintiff’s title is thus derived: Bernardus :Swartwoufc is the common source of title.. He conveyed the fifty .acres in question by deed recorded April 10,1867, to John F. Still-well, retaining an equitable lien thereon for $1,500 of the unpaid ■purchase money.…
1Opinion of the Court
Landon, J.:
The defendant Smith’s title to the fifty acres in question, if directly acquired under the Tichenor foreclosure, relates back to the date and record of the Tichenor mortgage, namely, December 28, 1881. (Rector, etc., Christ P. E. Church v. Mack, 93 N. Y. 488; Batterman v. Albright, 122 id. 484; McFadden v. Allen, 134 id. 489.) Jones, when he gave that mortgage to Tichenor, had a record title to the fifty acres, good upon its face, derived through Stillwell’s mortgage to Owen. Swartwout did not commence his action against Jones and others to foreclose his equitable lien upon the…
2Cases cited5 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Campbell v. . HallNew York Court of Appeals · 1858
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Clark v. . McNealNew York Court of Appeals · 1889
- Kursheedt v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
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- Dorff v. BornsteinNew York Court of Appeals · 1938
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- Stuyvesant v. WeilNew York Supreme Court · 1899