Arnot v. Beadle
New York Supreme Court
Ejectment for a lot in the village of Elmira. The plaintiff gave in evidence a judgment in favor of I. J. & C. V. S. Eosevelt against Vail, Knapp & Swan for $776.25, docketed 6th August, 1827. The judgment was on a note given 27th May, 1826. The premises in question were sold upon this judgment to Arnot, the plaintiff, on the 26th September, 1836, for $100; certificate given, and deed in pursuance thereof, 14th March, 1838. Vail, one of the defendants in the judgment, was in…
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Ejectment for a lot in the village of Elmira. The plaintiff gave in evidence a judgment in favor of I. J. & C. V. S. Eosevelt against Vail, Knapp & Swan for $776.25, docketed 6th August, 1827. The judgment was on a note given 27th May, 1826. The premises in question were sold upon this judgment to Arnot, the plaintiff, on the 26th September, 1836, for $100; certificate given, and deed in pursuance thereof, 14th March, 1838. Vail, one of the defendants in the judgment, was in possession of the lot at the time of the rendition of the judgment, and had erected a building thereon the preceding…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
1. The principal question in this case arises out of the charge of the learned judge when he stated, that though the deed from Vail to Dudly was in fact delivered before the judgment, still if he (Vail) afterwards re-purchased the premises and paid the consideration money, a trust resulted in his favor, which was subject to be sold on execution; and that the title would pass under a sale to the purchaser, notwithstanding Dudly had before conveyed to Benjamin at Vail’s request.
This charge should be taken in connection with the proposition put forth by the counsel for…
2Cases cited9 opinions
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1806
- Jackson v. MorseNew York Supreme Court · 1819
- Waring v. MasonNew York Supreme Court · 1837
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
- Jackson ex. dem. Masten v. BushNew York Supreme Court · 1813
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