Bank of Utica v. Mersereau
New York Court of Chancery
This case came before the chancellor upon appeal from a decree of the vice chancellor of the eighth circuit. At the time of the death of Harmanus Garretson, in 1813, he and Gosen Ryers were the owners, as tenants in common in equal shares, of the north half of township No. 1, in the second range of townships in the county of Steuben, containing about 11,500 acres of land; excepting out of the same 600 acres which they had previously conveyed.
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This case came before the chancellor upon appeal from a decree of the vice chancellor of the eighth circuit. At the time of the death of Harmanus Garretson, in 1813, he and Gosen Ryers were the owners, as tenants in common in equal shares, of the north half of township No. 1, in the second range of townships in the county of Steuben, containing about 11,500 acres of land; excepting out of the same 600 acres which they had previously conveyed. H. Garretson by his will authorized and directed his executors, J. Garretson, J. Guyo.n and P. I. Van Pelt, to sell his interest in this tract of land,…
1Opinion of the Court
The Chancellor.
At the time of docketing of the judgment of the Bank of Utica against Hoffman and John G. ard James G. Mersereau, in October, 1834, the judgment debtors, or some of them, were in possession of the whole of the premises in controversy in this cause, claiming that John G. Mersereau was the legal owner thereof, under the conveyance of January, 1831. And that possession was continued until it was surrendered to the two defendant banks, as subsequent mortgagees of the judgment debtors, in July, 1836; after the execution of the complainant was in the hands of the sheriff and had been…
2Cases cited18 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
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3Cited by60 opinions
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- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
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