Jackson, ex dem. Bowen v. Burton
New York Supreme Court
This was an action of ejectment brought for the recovery of about three acres of land, tried at the Herkimer circuit, in March, 1828, before the Hon. Nathan Williams, one of the circuit judges. A verdict was taken for the plaintiff, subject to the opinion of this court on a case to be made.
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This was an action of ejectment brought for the recovery of about three acres of land, tried at the Herkimer circuit, in March, 1828, before the Hon. Nathan Williams, one of the circuit judges. A verdict was taken for the plaintiff, subject to the opinion of this court on a case to be made. From 1 e the case it appeared, that on the 24th January, 1801, the defendant conveyed by deed of warranty to Benjamin Bowen, the premises in question, which, on the 24th May, 1817, were conveyed by the sheriff of Herkimer to the lessors of the plaintiff by virtue of a sale under an execution on a judgment…
1Opinion of the Court
By the Court,
Sutherland, J.
The defendant, on the 24th January, 1801, conveyed the premises in question by a warrantee deed, to Benjamin Bowen. By that conveyance, all the right and title which the defendant then had in the premises, passed to his grantee; and even any title subsequently acquired, would have enured to his benefit. Although the defendant remained in possession after the conveyance, it was not as owner, but as tenant to his grantee, and nothing but a clear unequivocal and notorious disclaimer of the title of his landlord, could render his possession, however long continued,…
2Cited by19 opinions
- Root v. WoolworthSupreme Court of the United States · 1893
- Sherman v. . KaneNew York Court of Appeals · 1881
- Brooks v. HydeCalifornia Supreme Court · 1869
- Burhans v. Van ZandtNew York Supreme Court · 1849
- Jeffersonville, Madison & Indianapolis Railroad v. OylerIndiana Supreme Court · 1882
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