Jackson ex rel. Howell v. Delancey
New York Supreme Court
Ejectment for-a lot of ground in the Bowery, city of* New York, tried before Edwards, C. Judge, at the New York Circuit, July 1st, 1823. John Deitz, being seised in fee of the premises in question, died, leaving, the lessors of: the plaintiff, his heirs at law.
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Ejectment for-a lot of ground in the Bowery, city of* New York, tried before Edwards, C. Judge, at the New York Circuit, July 1st, 1823. John Deitz, being seised in fee of the premises in question, died, leaving, the lessors of: the plaintiff, his heirs at law. During his lifetime, Deitz executed and delivered to Abraham Buice, his sonfin-law, a deed., of the premises in question, which, so far as it is material here, was thus: “ To all to whom these presents shall come, or may concern. Know ye, that I, John Deitz, of, &c. in consideration of the performances hereinafter mentioned, have…
1Opinion of the Court
Curia, per
Savage, Ch. J.
In my opinion, the Judge properly admitted the testimony of Mrs. Buice. Her interest, if any, was extremely remote and contingent. Craw-buck was properly admitted, if his conveyance was merely a quit-claim; though otherwise, if he had warranted the title. How the fact was, the case does not inform us ,• and it lay with the plaintiff to show the warranty, if it existed.
But the important question is upon the validity of the deed from Deitz to Buice. It cannot operate as a bargain and sale for want of pecuniary consideration, (1 flmmn's *431Rep. 622,) and if it cannot operate…
2Cases cited1 opinion
- Jackson ex dem. v. FlorenceNew York Supreme Court · 1819
3Cited by19 opinions
- Wilson v. BoyceSupreme Court of the United States · 1876
- Roehl v. HaumesserIndiana Supreme Court · 1888
- Barnes v. BartlettIndiana Supreme Court · 1874
- Pine Lawn Bank and Trust Company v. UrbahnsMissouri Court of Appeals · 1967
- McGehee v. RumpSupreme Court of Alabama · 1861
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