Everett v. . Everett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the. second judicial district, reversing an order denying a new trial and setting aside a verdict in favor of defendant, and granting a new trial. This is an action of ejectment to recover two pieces of land in the town of Middletown, Orange county. As to the first one, termed the Armstrong lot, no questions are here presented. The controversy arises upon the lot called the Yail lot.
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Appeal from order of the General Term of the Supreme Court in the. second judicial district, reversing an order denying a new trial and setting aside a verdict in favor of defendant, and granting a new trial. This is an action of ejectment to recover two pieces of land in the town of Middletown, Orange county. As to the first one, termed the Armstrong lot, no questions are here presented. The controversy arises upon the lot called the Yail lot. This lot was the property of one Lewis Yail, who in the early part of the year 1838 made a bargain with Walter Everett, to sell him a larger lot, of…
1Opinion of the Court
Leonard, C.
The title of the “Vail lot,” as it is called, cannot have been in abeyance. It vested in some person upon the execution of the deed of Lewis Vail to Walter C. Everett — clearly the title no longer remained in Vail. The execution and delivery of his said deed, although the grantee was ignorant of its existence, had the effect of divesting him of the title. It was so intended by him as well as by Walter Everett, the father, who paid the consideration money, received the deed and managed the whole transaction of the purchase. There are none of the elements of an abeyance, or…
2Cases cited2 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Jackson ex dem. Benson v. MatsdorfNew York Supreme Court · 1814
3Cited by16 opinions
- Saltzsieder v. . SaltzsiederNew York Court of Appeals · 1916
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Kyle v. KyleSupreme Court of Iowa · 1916
- Grilley v. AtkinsSupreme Court of Connecticut · 1905
- Gage v. GageNew York Supreme Court · 1894
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