Legal Opinion

Jackson ex. dem. Livingston v. Delancy

Court for the Trial of Impeachments and Correction of Errors

Decided February 15, 1816PublishedCited by 43 opinions

THIS cause came before this court on a writ of error to the supreme court* |See the case reported 11 Johns. Rep9 365. 376.1 1 u * * 4 The action was for the recovery of certain lands in Pláttekitt, in the county of Ulster. The following facts were found by qle special verdict.

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THIS cause came before this court on a writ of error to the supreme court* |See the case reported 11 Johns. Rep9 365. 376.1 1 u * * 4 The action was for the recovery of certain lands in Pláttekitt, in the county of Ulster. The following facts were found by qle special verdict. William Alexander, commonly called Lord Stirling, in his lifetime, was seised of a tract of land, sup? posed to contain 1,000 -acres, situate,in Plait thill, of which the premises in question are a part; and, being so seised, he ex** ecuted to Anne Waddell, of the city of JVtw~ York, a mortgage,. dated the 2d of…

1Opinion of the Court

The Chancellor.

The premises in question were originally owned by Lord Stirling, and the lessors of the plaintiff claim title under him. The defendants set up title under a mortgage which Lord Stirling executed to Anne Waddell, in 1771. A part of the debt secured by the mortgage, was prosecuted at law, to judgment and execution, and John Taylor, under whom the defendants held, took, as purchaser, a sheriff’s deed of the premises under the execution ; and he was, also, at the same time entitled, under the will of Anne Waddell, to two fifths of her estate.

If Taylor acquired a title under the…

2Cited by43 opinions

  1. Taylor v. BenhamSupreme Court of the United States · 1847
  2. Norris v. HuntTexas Supreme Court · 1879
  3. Clay v. ChenaultCourt of Appeals of Kentucky · 1900
  4. Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
  5. Cook v. WalkerSupreme Court of Georgia · 1854

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