Jackson ex dem. Whitlocke v. Mills
New York Supreme Court
THIS was an action of ejectment, brought to recover a house and lot of land, situate in the city of Hudson. The case was tried before Mr. Justice Spencer, at the Columbia circuit, in * August, 1815. The plaintiff claimed, under a sheriff’s sale, made by virtue of an execution in favour of John M. Harder, against one Richard Osborne, who was the original owner of the premises, The execution was tested the ISth October, 1816, and the sheriff’ was thereby directed to collect…
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THIS was an action of ejectment, brought to recover a house and lot of land, situate in the city of Hudson. The case was tried before Mr. Justice Spencer, at the Columbia circuit, in * August, 1815. The plaintiff claimed, under a sheriff’s sale, made by virtue of an execution in favour of John M. Harder, against one Richard Osborne, who was the original owner of the premises, The execution was tested the ISth October, 1816, and the sheriff’ was thereby directed to collect 140 dollars. The judgment upon which it was issued was docketed on the'3d August, 1807, andwas for the sum of 680 dollars…
1Opinion of the CourtSpencer, J.
Cas. 153.,) shows that the parol evidence, given by. Bingham, was admissible ; and it was proved that Whitlocke was the mere'trustee of Harder, in taking the sheriff’s deed,, under the sale On the júnior-judgment; and the deed from Whitlocke to Harder was the mere execution, of his trust. Harder- only was beneficially éntrusted in that purchase, as it was made for him, and he paid the consideration money, Whitlocke never had any interest.under that deed, and, therefore, his execution of the trust Could not operate as an estoppel to any title he might thereafter acquire, in his own right, to…
2Cases cited1 opinion
- Jackson ex dem. Kane v. SternberghNew York Supreme Court · 1799
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- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Dewhurst v. WrightSupreme Court of Florida · 1892
- Kelley v. JennessSupreme Judicial Court of Maine · 1862
- Vermont v. Society for the Propagation of the GospelU.S. Circuit Court for the District of Vermont · 1827
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