Jackson ex dem. Scofield v. Collins
New York Supreme Court
Ejectment, tried at the Monroe Circuit, before (the late) Mr. Justice Platt, on the 4th day of July, Í 822, for lots J number 61, 62, and the north half of 63, situate in the vilSage of Rochester.
Read the full summary
Ejectment, tried at the Monroe Circuit, before (the late) Mr. Justice Platt, on the 4th day of July, Í 822, for lots J number 61, 62, and the north half of 63, situate in the vilSage of Rochester. The demise in the declaration was laid on the \4th day of March, 1822. On the trial, the lessors of the plaintiff showed the following title : 1. A deed duly acknowledged and proved, dated the 2d day January, 1818, from JV". Rochester, C. Carroll, and William Fitzburgh, to William Robb, for lots number 61, 62 and 63, in the village of Rochester. The deed was executed by JV. Rochester, for himself,…
1Opinion of the Court
Curia,
per Savage, Ch. J.
It is objected, 1, that no title was shown in Robb subsequent to the judgment. Title was in Robb the 2d January, 1818, and judgment August 30th, 1819. The presumption is, therefore, in the absence of all proof to the contrary, that it continued in him during the intermediate time. Besides, had the objection been taken at the trial, that fact might have been shown.
*959. It is objected that Lee, as deputy to Adams, had no Tight to execute a deed after Adams was out of office, Lee being no longer deputy. It is not denied that during Adams’ continuance in office, the deputy…
2Cases cited2 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Hempstead v. WeedNew York Supreme Court · 1822
3Cited by35 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Erwin v. MooreSupreme Court of Georgia · 1854
- Grimes v. BryneSupreme Court of Minnesota · 1858
- Ex parte CliffordIndiana Supreme Court · 1867
30 more not listed; retrieve them via the Exa API.