Jackson ex dem. Wallace v. Carpenter
New York Supreme Court
THESE were actions of ejectment, tried at the last Cayuga circuit, brought for the recovery of lot No. 2. in the township of Dry den, in the military tract. Verdicts were taken for the plamtiilj by consent, subject to the opinion of the court on the following case: One William Adams, a soldier in the first New. York regiment, in the revolutionary war, was entitled to, and drew, the lot in question.
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THESE were actions of ejectment, tried at the last Cayuga circuit, brought for the recovery of lot No. 2. in the township of Dry den, in the military tract. Verdicts were taken for the plamtiilj by consent, subject to the opinion of the court on the following case: One William Adams, a soldier in the first New. York regiment, in the revolutionary war, was entitled to, and drew, the lot in question. On the 23d of February, If84, he in fee, by an assignment on the back of his discharge, which was Sled on the 1st of September, If94, and duly recorded. Adams, at the time of executing the…
1Opinion of the CourtYates, J.
The question presented for the consideration of the court is, whether the first deed, executed by Adams during his minority, can be avoided by the second deed, executed after full age, without an actual entry.
I am inclined to think, that an entry is not necessary, and that the deed given by him while an infant, may be avoided in various ways, without such entry, at any time, unless bared by the statute of limitations. He might plead infancy, and there is nothing to prevent his proceeding by an action of ejectment, in which he could avail himself of it by proof. To say that the mere form of an…
2Cited by28 opinions
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- Fetrow v. WisemanIndiana Supreme Court · 1872
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- Jenkins v. JenkinsSupreme Court of Iowa · 1861
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