Jackson ex dem. Bonnell v. Sharp
New York Supreme Court
THIS was an action of ejectment, brought to recover part of lot "No. 72., in the township of Aurelius, in the county of Cayuga.
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THIS was an action of ejectment, brought to recover part of lot "No. 72., in the township of Aurelius, in the county of Cayuga. The cause was tried at the Cayuga circuit, before Mr. Justice Yates, the 11th of June, 1811. The plaintiff gave in evidence, a patent from John Bonnell, one of the lessors of the plaintiff, for lot No. 72., in Aurelius, dated the 8th July, 1790, and a deed from Bonnell to Andrew Goodyear, the other lessor, dated 11th September, 1807, Which was recorded the 25th April, 1811. The possession by the defendant of the premises in question was also proved. The defendant…
1Per curiam
To entitle the plaintiff to recover upon this case, two propositions must, be established; 1. That the deed from Bonnell to Goodyear was not void by reason of an adverse possession existing at the time; 2. That notice of that deed destroyed the effect of the prior registry of the deed from Bonnell to the defendant. ■ '
1. When the patentee, Bonnell, executed his deed to Goodyear, the defendant was in possession, under a covenant from Stephen Thorn to the Fosters, to convey to them the premises, upon a *167consideration to be paid. The Fosters entered upon the premises, without title, as one of…
2Cited by34 opinions
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- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Brannon v. MayIndiana Supreme Court · 1873
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Yelverton v. SteeleMichigan Supreme Court · 1879
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