Jackson, ex rel. Shaw v. Speak
New York Supreme Court
This was an action of ejectment, tried at the Essex circuit, in January, 1830, before the Hon. Esek Cowen, one of the circuit judges.
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This was an action of ejectment, tried at the Essex circuit, in January, 1830, before the Hon. Esek Cowen, one of the circuit judges. The plaintiff claimed to recover lot No. 5 in Legge’s patent, and exhibited the following paper title: 1. A deed of the whole tract from William Legge (described as the nephew and heir at law of Francis Legge, the patentee,) to Joseph Winter, bearing date the 7th November, 1808; 2. A deed bearing date the 28th November, 1811, from Joseph Winter to Elisha J. Winter, of the same premises, reserving a few lots sold by the grantor; 3. A quit claim deed from Elisha…
1Opinion of the Court
By the Court,
Nelson, J.
The charge of the judge was correct, and proper on the assumption that Jacob Spear was actually in possession of the premises at the time of his recognition of the title of Winter, and agreement to purchase, for it would be unreasonable to preclude a defendant from shewing that the plaintiff had no title, or that he himself had the title to the premises in question, if the acknowledgment of the title of the plaintiff was produced by imposition, or made under a misapprehension of the rights of the respective parties, Jackson v. Cuerden, 2 Johns. C. 353 ; but I apprehend…
2Cited by30 opinions
- Sayles v. SmithNew York Supreme Court · 1834
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- Rich v. HotchkissSupreme Court of Connecticut · 1844
- Willson v. CleavelandCalifornia Supreme Court · 1866
- Franklin v. MeridaCalifornia Supreme Court · 1868
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