Jackson ex dem. Beebe v. Austin
New York Supreme Court
THIS was an action of ejectment for part of lot No. 45, in the town of Locke, in the county of Cayuga ; the parties, by consent, without trial, made a case for the opinion of the court, which was submitted without argument. The plaintiff and defendant both derived their title from John Van Deusen, who went into possession of the premises in question as assignee of one Bailey, to whom they had been leased by Isaac Cooper.
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THIS was an action of ejectment for part of lot No. 45, in the town of Locke, in the county of Cayuga ; the parties, by consent, without trial, made a case for the opinion of the court, which was submitted without argument. The plaintiff and defendant both derived their title from John Van Deusen, who went into possession of the premises in question as assignee of one Bailey, to whom they had been leased by Isaac Cooper. On the 21st of October, 1815, Van Deusen surrendered the lease to Cooper, and took a déed from him for the premises, for the consideration of 500 dollars. The lessor of the…
1Per curiam
The question of priority will depend on the statute, (1 N. R. L. 375.) which declares that whenever lands are sold and conveyed, and a mortgage is given by the purchaser, at the same time, to secure the .payment of the purchase money, such mortgage shall be preferred to any previous judgment which may have been obtained against such purchaser. The mortgage in this case comes within the letter of the act. It was executed by the purchaser, Van Deusen, to secure the purchase money, and was given at the same time with the deed, although not given to Cooper, from whom Van Deusen derived title. But…
2Cases cited1 opinion
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
3Cited by14 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Carey v. BoyleWisconsin Supreme Court · 1881
- Kaiser v. LembeckSupreme Court of Iowa · 1880
- Boies v. . BenhamNew York Court of Appeals · 1891
- Pope v. . MeadNew York Court of Appeals · 1885
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