Porter v. McGrath
The Superior Court of New York City
Appeal from a judgment. The action was to recover the possession of real property, and was tried by the court without a jury. The following are the facts found, and the conclusions of law: In 1836, one Samuel A. Porter was seized in fee of the premises. In that year Porter mortgaged the premises to Ellis Potter and McGrown. In August, 1840, Porter conveyed the premises in fee to the plaintiff.
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Appeal from a judgment. The action was to recover the possession of real property, and was tried by the court without a jury. The following are the facts found, and the conclusions of law: In 1836, one Samuel A. Porter was seized in fee of the premises. In that year Porter mortgaged the premises to Ellis Potter and McGrown. In August, 1840, Porter conveyed the premises in fee to the plaintiff. In September, 1842, Potter and McGrown assigned their mortgage to one Van Voorhies, who in 1872 assigned it to Mary N. Townshend. The mortgage was never paid by Porter. He made a small payment in 1842.…
1Opinion of the Court
By the Court.— Monell, Ch. J.
The only fact found by the court to support the plaintiff’s title, is the trust deed executed in August, 1840. No finding was made in respect to the will of the grantor, executed in the same year devising the premises to the plaintiff.
It may be doubtful whether the plaintiff’s title can be sustained under the deed alone. A presumption of the execution and satisfaction of the trust, arising from lapse of time (Doe v. Staple, 2 T. R. 684 ; Laws 1875, chap. 545) would under the statute (1 R. S. 730, § 67) terminate the estate of the trustee, and reinvest it in the…
2Cases cited12 opinions
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Snyder v. PeopleMichigan Supreme Court · 1872
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Rowe v. . SmithNew York Court of Appeals · 1871
- Valentine v. . ConnerNew York Court of Appeals · 1869
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