Jackson ex rel. Sackett v. Sackett
New York Supreme Court
This was an action of ejectment, tried at the Tioga circuit, in June, 1829, before the Hon. Samuel Nelson, then one of circuit judges. The lessors of the plaintiff are the children and heirs at law of Nathaniel Sackett; the defendants are the widow and son-in-law of Richard Sackett.
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This was an action of ejectment, tried at the Tioga circuit, in June, 1829, before the Hon. Samuel Nelson, then one of circuit judges. The lessors of the plaintiff are the children and heirs at law of Nathaniel Sackett; the defendants are the widow and son-in-law of Richard Sackett. On the 10th of January, 1808, Richard Sackett, for the consideration of #3084, conveyed to Nathaniel Sackett 560 acres of land, the premises in question, by deed, containing covenants of seisin and warranty, which were duly acknowledged before a proper officer, on the 11th of February, 1808, and recorded in the…
1Opinion of the Court
By the Court,
Sutherland, J.
The deed from Richard to-Nathaniel Sackett for the premises in question, of the 10th January, 1808, although absolute in its terms, yet by virtue of the defeasance which Nathaniel executed at the same time, became," in judgment of law and the effect, only a mortgage. It is under the mortgage that the plaintiff seeks to recover. Although the defeasance purports to be dated on the 10th day of February, 1808, and refers to the deed, as of that date also, there can be no question that the deed of the 10th January *97Was the deed upon which it was intended to operate. The…
2Cases cited2 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Higginson v. MeinSupreme Court of the United States · 1808
3Cited by35 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Heyer v. PruynNew York Court of Chancery · 1839
- Bean v. . TonneleNew York Court of Appeals · 1884
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