Van Rensselaer v. Clark
New York Supreme Court
This was an action of ejectment, tried at the Tompkins circuit in June, 1835. before the Hon. Robert Monell, one of the circuit judges.
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This was an action of ejectment, tried at the Tompkins circuit in June, 1835. before the Hon. Robert Monell, one of the circuit judges. The plaintiffs showed title in one Derick Schuyler to lots No. 57 and 58, Ulysses, in the- military tract, containing 1200 acres of land and a deed from Schuyler to James Van Rensselaer, the father of the plaintiffs, bearing [26] date 25th August, 1794, conveying the two lots for the consideration of fifty dollars ; which deed was n corded in the county of Cayuga, 2d January, 1804. The plaintiffs did not prove that the deed was deposited according to the…
1Opinion of the Court
By the Court,
Cowen, J.
The question of knowledge in Philip II. Schuyler was put to the jury, who found for the plaintiffs as they were directed to do by the judge, on being satisfied that he had ac.tud notice of the prior deed. Their finding is fully sustained by the evidence. [30] The defendant moves for a new trial on the ground that Jamos Van Rensselaer’s deed, not being deposited as required by the statute, was fraudulent and void as against P. H. Schuyler, though he had full notice. To this the answer is, the act applies only to such deeds as were dated prior to its passage, which was on…
2Cases cited1 opinion
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