Fuller v. Van Geesen
Court for the Trial of Impeachments and Correction of Errors
Ejectment, tried at the Monroe circuit, in 1842, before Dayton, C. Judge. The action was brought to recover possession of lots No. 7 and 8 in the 19th section of town No. 4 of the Triangular Tract, situated in Clarkson, Monroe county.
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Ejectment, tried at the Monroe circuit, in 1842, before Dayton, C. Judge. The action was brought to recover possession of lots No. 7 and 8 in the 19th section of town No. 4 of the Triangular Tract, situated in Clarkson, Monroe county. A special verdict was rendered finding the following facts, viz. : On the 14th of December, 1833, H. Davis, being seised in fee of the lots in question, mortgaged them to “ The Farmers’ Fire Insurance and Loan Company/’ with 480 acres be side, situated in the same town, and 459,TfT acres situated in Clarendon, Orleans county. By several conveyances the equity of…
1Opinion of the Court
By the Court,
Cowen, J.
The master’s sale passed the title presently; and the objection that this suit was prematurely brought cannot avail. In England it would have been otherwise, because the deed is there withheld till the final order confirming the sale be made absolute; but all their cases declare the law as it is now claimed to be by the plaintiff’s counsel; viz. that the title vests at the date of the conveyance. (Hoffm. Master, 220, 222; Ex parte Manning, 2 P. Wms. 410 ; Blount v. Blount, 2 Atk. 637.) In Ex parte Minor, (11 Vesey, 559,) mainly relied on by the counsel for the defendant,…
2Cases cited3 opinions
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Lathrop v. FergusonNew York Supreme Court · 1839