Jackson ex dem. Smith v. Pierce
New York Supreme Court
This was an action of ejectment, for a lot of land in Whitestoivn. The cause was tried before Mr. Justice Spencer, at the Oneida. circuit, the JOth June, 1806, when a verdict was taken for the plaintiff, subject to the opinion of the court on a case, in which tl^e following facts were stated : • Samuel Rust, (under whom both parties claim) by his deed, dated the 12th June, 1795, conveyed to the plaintiff, fifty acres of land, including the premises in question.
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This was an action of ejectment, for a lot of land in Whitestoivn. The cause was tried before Mr. Justice Spencer, at the Oneida. circuit, the JOth June, 1806, when a verdict was taken for the plaintiff, subject to the opinion of the court on a case, in which tl^e following facts were stated : • Samuel Rust, (under whom both parties claim) by his deed, dated the 12th June, 1795, conveyed to the plaintiff, fifty acres of land, including the premises in question. This conveyance was admitted to be subject to the operation of a former deed, from Rust to one Schaeffer, dated the 29th of…
1Opinion of the CourtThompson, J.
It.is not denied that the legal title to the premises in question is in one of the lessors of-the plaintiff; but it is contended, that the defendant has an equitable claim, which ought to protect him in his possession. It is unnecessary to examine into the defendant’s equitable rights» because, sitting in a court of law, we cannot enforce them, should any be found to exist. It is a rule, at this day well settled in England, (Buller's N. P. 110. 2 Term, 684. 7 Term, 49. 8 Term, 123. 5 East, 138, and note, 6 Vesey *226Jun. 39. 2 Evan’s Poth. 195. J and which has been adopted by this court, in the…
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