Lane v. Shears
New York Supreme Court
This is an action of debt under the eighth section of the act to prevent and punish champerty and maintenance, tried at the Monroe circuit, in March, 1827, before the Hon. John . . ' Birdsall, one of the circuit judges. In the declaration, the defendant is charged with pretending title to certain premises, describing them ; and that he, on the 8th April, 1825, contrary to the statute, by a certain indenture of bargain and sale, conveyed the same to one Benjamin Shelden.
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This is an action of debt under the eighth section of the act to prevent and punish champerty and maintenance, tried at the Monroe circuit, in March, 1827, before the Hon. John . . ' Birdsall, one of the circuit judges. In the declaration, the defendant is charged with pretending title to certain premises, describing them ; and that he, on the 8th April, 1825, contrary to the statute, by a certain indenture of bargain and sale, conveyed the same to one Benjamin Shelden. Then follows an averment, that neither the defendant nor his ancestors, nor those through whom he claimed the premises, had…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff was non-suited at the trial, on the ground that the evidence did not shew that the premises covered by the conveyance to Shelden were held adversely at the time of giving the deed. In this direction I think the learned judge erred.
The defendant, Shears, never had any other interest than that of a mortgagee in the premises in question, and that interest was terminated or extinguished on the 20th of October, 1823, by the repayment of the principal and interest of the money loaned by him to Lane. (5 Cowen, 671. 18 Johns. R. 7. 1 Cowen, 126.) The…
2Cases cited4 opinions
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
- Strong v. StewartNew York Court of Chancery · 1819
- James v. JohnsonNew York Court of Chancery · 1822
- Marks v. PellNew York Court of Chancery · 1815
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- Teal v. WalkerSupreme Court of the United States · 1884
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Davis v. DemmingWest Virginia Supreme Court · 1877
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Pardee v. . TreatNew York Court of Appeals · 1880
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