Sayre v. Townsends
New York Supreme Court
This was an action of ejectment, tried at the Orange circuit in September, 1834, before-the Hon. Charles H. Rugóles, one of the circuit judges.
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This was an action of ejectment, tried at the Orange circuit in September, 1834, before-the Hon. Charles H. Rugóles, one of the circuit judges. The plaintiff produced in evidence an act of the legislature of this state, passed 28th March,1800, authorizing the survey- or general to grant to the settlers upon a certain tract of land in Orange county,called Wawayanda, or the Jersey gore, their several possessions, with such other vacant lands in the same tract, so that each individual should not have more than 400 acres, nor less than 100, upon paying into the treasury, or securing to be paid 25…
1Opinion of the Court
By the Court,
Bronson, J.
In the late revision of the laws, resulting trusts were in most cases abolished. 1 R. S. 728, §51, 53. At the time, however, when the deed in this case was executed, if the Townsends had paid the whole consideration, and the intention between them and Ketchum was that the grant should enure to their benefit, there can be no doubt that a trust would have resulted in their favor. Whether such an interest can be set up at law as a defence in the action of ejectment, need not now be considered. Conceding the general doctrine on which the cause was mainly placed *650by the…
2Cited by26 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- Perry v. McHenryIllinois Supreme Court · 1851
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Leary v. . CorvinNew York Court of Appeals · 1905
- Shaffer v. FettyWest Virginia Supreme Court · 1887
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