Jackson ex dem. People v. Wood
New York Supreme Court
THIS was an action of ejectment, brought to recover lot No. 12, in Bairds patent, in the town of Cambridge, and tried before the chief justice, at the Washington circuit, 1814. The premises in question were mortgaged by Daniel Ellis to John Munro, by mortgage, bearing date the 18th April, 1775, with covenant for the payment of 60k current money of JVewYork, with interest annually, commencing on the 18th April, ’ , , ° , 1 ¡ 775. it did not appear that the mortgage had ever…
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THIS was an action of ejectment, brought to recover lot No. 12, in Bairds patent, in the town of Cambridge, and tried before the chief justice, at the Washington circuit, 1814. The premises in question were mortgaged by Daniel Ellis to John Munro, by mortgage, bearing date the 18th April, 1775, with covenant for the payment of 60k current money of JVewYork, with interest annually, commencing on the 18th April, ’ , , ° , 1 ¡ 775. it did not appear that the mortgage had ever been acknowledged or registered. Munro was attainted for adhering to the enemies' of the state, and judgment of attainder…
1Per curiam
The lessors of the plaintiff claim title to the premises in question, under a mortgage, bearing date the 18th of April, 1775, given by Daniel Ellis to John Munro, for &Ol. The attainder and conviction of Munro, and the execution of *245the mortgage, were duly proved; and' the only question upon the trial was, whether the evidence offered was sufficient-to re-hut the presumption of payment, arising from the lapse of time. There xvas no witness who spoke of any acknoxvledgment of ,the several oxvners of the land, that there was any mortgage upon it, xvhich was in force and unpaid, except Asa Rice;…
2Cited by16 opinions
- Gaines v. MillerSupreme Court of the United States · 1884
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Nevitt v. BaconMississippi Supreme Court · 1856
- Bowen v. GuildMassachusetts Supreme Judicial Court · 1881
- Inches v. LeonardMassachusetts Supreme Judicial Court · 1815
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