Roberts v. Jackson, ex dem. Webb
New York Supreme Court
This was an action of ejectment, brought for the recovery of about four acres of land in the town of Cazenovia,. tried a t the Madison circuit in September, 1827, before the Hon. Na-THAN WILLIAMS, 0116 of the Circuit judges, The plaintiff shewed title to the premises as follows: 1st, a deed from Charles Hill, (the common source of title to both » ' . parties,) to Stephen Clark, bearing dale 1st January, 1817, conveying 100 acres of land, including the premises in quesjtion.…
Read the full summary
This was an action of ejectment, brought for the recovery of about four acres of land in the town of Cazenovia,. tried a t the Madison circuit in September, 1827, before the Hon. Na-THAN WILLIAMS, 0116 of the Circuit judges, The plaintiff shewed title to the premises as follows: 1st, a deed from Charles Hill, (the common source of title to both » ' . parties,) to Stephen Clark, bearing dale 1st January, 1817, conveying 100 acres of land, including the premises in quesjtion. 2d. A deed of the premises in question, from Stephen . *■ - A* Clark to Joshua Clark, his son, for the consideration as…
1Opinion of the Court
*484 By the Court,
Savage, Ch. J.
It is perfectly well settled, whenever a greater estate and a less coincide in the same person, without any intermediate estate, the lesser is merged. (2 Cowen, 284.) This rule, at law, is invariable and inflexible ; (2 Cowen, 300;) though in equity it is not so,hut depends upon intention. Previous to .the time when Joshua Clark obtained the assignment of the mortgage from Smith, the legal estate, as to the premises in question, had been in' him; and had it continued in him, the mortgage as to those premises would have been extinguished. The conveyance, howeveiyby…
2Cited by22 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Haworth v. NorrisSupreme Court of Florida · 1891
- Horton v. KellySupreme Court of Minnesota · 1889
- Campbell v. BruenNew York Surrogate's Court · 1850
17 more not listed; retrieve them via the Exa API.