Legal Opinion

Jackson ex dem. Hopkins v. Leek

New York Supreme Court

Decided May 15, 1838PublishedCited by 11 opinions

This was an action of ej'ectment (commenced previous to the statute requiring ejectments to be brought in the name of real plaintiffs,) tried at the Wayne circuit in September, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The premises in question were a part of lot No. 86, Galen.

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This was an action of ej'ectment (commenced previous to the statute requiring ejectments to be brought in the name of real plaintiffs,) tried at the Wayne circuit in September, 1836, before the Hon. Daniel Moseley, one of the circuit judges. The premises in question were a part of lot No. 86, Galen. The plaintiff produced the original letters patent to one Christian House, a deed from him to William Scudder and David Whitehead, and a deed from Whitehead to Scudder, conveying a moiety of the lot; the last deed bore date 24th July, 1794, and was recorded 19th June, 1819. From Scudder the…

1Opinion of the Court

By the Court,

Nelson, Ch. J.

The principal question involved in this case, and one probably which may permanently affect the claims of the respective parties to the lot, is this: whether it is competent for a grantor to impeach the genuineness or validity of a deed purporting to have been executed and delivered by him, so as to prejudice the rights of those claiming under it: in other words to prove .it forged. It is quite probable that the law, as laid down at the trial, was not intended to be pushed to the extent of affirming the negative of the above proposition ; but after full…

2Cases cited2 opinions

  1. Barber v. HarrisNew York Supreme Court · 1836
  2. Van Rensselaer v. ClarkNew York Supreme Court · 1837

3Cited by11 opinions

  1. Brannon v. MayIndiana Supreme Court · 1873
  2. Lamerson v. MarvinNew York Supreme Court · 1850
  3. Fort v. BurchNew York Supreme Court · 1849
  4. Bierce v. Red Bluff Hotel Co.California Supreme Court · 1866
  5. Park v. PrattSupreme Court of Vermont · 1866

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