Van Valen v. Schemerhorn
New York Supreme Court
This action was brought to recover the possession of a lot of land situated in Cortlandville, on which there was a store.
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This action was brought to recover the possession of a lot of land situated in Cortlandville, on which there was a store. The plaintiff had title in fee to the lot on the 28th day of February, 1848, and on that day he executed and acknowledged a warranty deed of the same to Daniel Schemerhorn, which deed purported to convey the lot in fee, for the consideration of $3,200. The plaintiff took the deed to the Cortland county clerk’s office, and there had it recorded on the 29 th day of February aforesaid, and after-wards took it from the clerk’s office and kept it. Daniel Schemerhorn was not…
1Opinion of the Court
By the court, Balcom, P. J.
The non-suit in this case was erroneously granted, unless the fact that the plaintiff having the deed of the lot in question to Daniel Schemerhorn recorded in the county clerk’s office, estops him from showing it was never delivered. This is so; for the case does *419not show that Schemerhorn ever went into possession of the lot, or that Boyce paid anything for it or was a purchaser in good faith, or that he ever took possession of the lot or store on it, except by letting the defendants have it as tenants before the action was commenced. In Elsey agt. Metcalf, (1…
2Cases cited7 opinions
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Rathbun v. RathbunNew York Supreme Court · 1849
- Elsey v. MetcalfCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by3 opinions
- Keator v. DimmickNew York Supreme Court · 1865
- Bettinger v. Van AlstyneNew York Supreme Court · 1894
- Stubing v. StubingNew York City Court · 1889