Legal Opinion

Sage v. . Cartwright

New York Court of Appeals

Decided October 5, 1853PublishedCited by 8 opinions

On the 6th of December, 1831, Harris Medbury obtained a contract from the surveyor-general for a piece of land in Norwich, Chenango county, on which he paid one-fourth of the price at the date of the contract. On the 2d of May, 1835, Medbury conveyed by quit-claim deed to John Curtis, three acres and twenty-seven perches of the land included in the contract, óf which Curtis was then in possession.

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On the 6th of December, 1831, Harris Medbury obtained a contract from the surveyor-general for a piece of land in Norwich, Chenango county, on which he paid one-fourth of the price at the date of the contract. On the 2d of May, 1835, Medbury conveyed by quit-claim deed to John Curtis, three acres and twenty-seven perches of the land included in the contract, óf which Curtis was then in possession. On the same day Medbury conveyed to the defendant, by a similar deed, the residue of the land included in his contract with the state. Both Curtis and the defendant were aware at the time of each…

1Opinion of the Court

Mason, J.,

delivered the opinion of the court. -

I should entertain no doubt in this case, either as to the justice or legality of the judgment or decree of the court below, had this suit been instituted by John Curtis, or had the plaintiff shown that he had succeeded to the equitable rights of John Curtis in the subject matter of this suit. I think the plaintiff has failed, however, to show any such thing. Curtis was in possession-as a purchaser from Harris Medbury, who held a contract from the surveyor-general of the state. The purchase by Curtis and the payment of the consideration by him,…

2Cases cited4 opinions

  1. Brewster v. PowerNew York Court of Chancery · 1844
  2. Kellogg v. WoodNew York Court of Chancery · 1834
  3. Kellogg v. KelloggNew York Supreme Court · 1849
  4. Grosvenor v. AllenNew York Court of Chancery · 1841

3Cited by8 opinions

  1. In re the Estate of De StuersNew York Surrogate's Court · 1950
  2. Bates v. Ledgerwood Manufacturing Co.New York Court of Appeals · 1891
  3. Bates v. Lidgerwood Manuf'g Co.New York Supreme Court · 1888
  4. Higgins v. McConnellNew York Supreme Court · 1890
  5. Bates v. Lidgerwood Manufacturing Co.New York Supreme Court · 1889

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