Jackson ex dem. Skinner v. Packard
New York Supreme Court
This was an action of ejectment, tried at the Washington circuit in November, 1829, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of ejectment, tried at the Washington circuit in November, 1829, before the Hon. Esek Cowen, one of the circuit judges. The lessors of the plaintiff claimed to recover the premises in question, as the assignees of a mortgage duly recorded, executed by one Joseph Percival to Braddock Baker, bearing date in 1825. The defendant claimed to hold under a foreclosure of a mortgage, executed by Baker, (the mortgagee in the other mortgage,) to one Mulford, bearing date in 1824, containing covenants for the payment of the money, .and of warranty. The plaintiff offered Baker as a…
1Opinion of the Court
By the Court,
Sutherland, J.
The questions which arise upon this case are, 1st. Was Baker a competent witness'? 2d. Did he establish the usury 1 3d. Was there any material misdirection on the part of the judge % The interest of Baker was clearly balanced. The verdict could never be given in evidence for or against him ; if the title of the plaintiff failed, he would be liable on the covenant contained in his deed to Percival, which was given at the same time with the mortgage from Percival to him, of which the lessors of the plaintiff were the assignees. If the defendant should be evicted,…
2Cited by26 opinions
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- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Williams v. . FitzhughNew York Court of Appeals · 1868
- Dows v. RushNew York Supreme Court · 1858
- Pearson v. BaileySupreme Court of Alabama · 1853
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