Jackson v. Ireland
New York Supreme Court
This was an action of ejectment, tried at the Rensselaer circuit, in July, 1828, before the Hon. William A. Duer, one of the circuit judges. The plaintiff claimed to recover a moiety of 75 acres of land.
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This was an action of ejectment, tried at the Rensselaer circuit, in July, 1828, before the Hon. William A. Duer, one of the circuit judges. The plaintiff claimed to recover a moiety of 75 acres of land. He shewed a mortgage, executed by John Ireland, a moiety of the 75 acres, bearing date the 8th April, 1825, a foreclosure of the same, and a purchase by and a convey. anee to the lessor of the mortgaged premises; and after shewing John Ireland in possession, against whom the suit was originaIiy commenced and a judgment by default entered, rested his cause; the present defendant, Sarah…
1Opinion of the Court
By the Court,
Sutherland, J.
The habendum clause in the deed from the corporation of Albany to John, James and Sarah Ireland, is not inconsistent with the premises or granting part. The deed recites the will, and the object of all the parties was to give effect to it by means of this conveyance. The legal effect of the deed is the same as though the habendum clause, instead of saying, “To have and to hold to the said parties, in the same manner, mentioned in the last will and testament of Thomas Ireland, deceased,” had, without any *102reference to the will, given the estate to the defendant dufing…
2Cited by10 opinions
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- Jacobs v. All Persons, Etc.California Court of Appeal · 1909
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