Jackson ex dem. Hooker v. Mather
New York Supreme Court
Ejectment for a farm iñ' Truxton, Cortland county; tried at the circuit in that county, January 25th, 1825", before Throop, C. Judge ; when a verdict was found- for the defendant. _ A motion .was- now made in behalf of the plaintiff for a new trial: and Roberts on Fraud. Conv. 554; 18 John. 425; 5 Cowen, 7; 1 John. Rep. 358; and 14 id. 498, were cited. For the defendant were cited 3 John. Rep. 271, 269, 170, 528; 17 id. 323; 1 John. Cas. 250; 10 John.
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Ejectment for a farm iñ' Truxton, Cortland county; tried at the circuit in that county, January 25th, 1825", before Throop, C. Judge ; when a verdict was found- for the defendant. _ A motion .was- now made in behalf of the plaintiff for a new trial: and Roberts on Fraud. Conv. 554; 18 John. 425; 5 Cowen, 7; 1 John. Rep. 358; and 14 id. 498, were cited. For the defendant were cited 3 John. Rep. 271, 269, 170, 528; 17 id. 323; 1 John. Cas. 250; 10 John. Rep. 447; 2 id. 46; and 13 id. 471.
1Opinion of the Court
The facts are stated in the opinion of the court; which was delivered by
Woodworth, J.
The lessor of the plaintiff recovered judgment against Charles Stewart, which was docketed June 18th, 1821. The action was commenced at January *302*term, 1820. Another judgment was docketed on the same day. Two executions issued in June, 1821. Stewart’s farm was sold- and conveyed by ,the sheriff to the plaintiff.
The defendant gave in evidence a deed from Stewart to him, for the premises in question, dated June 26th, 1820; the consideration stated to be $5000. A bond and mortgage were given; $1000 payable August…
2Cases cited2 opinions
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