Jackson ex dem. Thurman v. Bradford
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit in September, 1828, before the Hon. Ogden Edwards, one of the circuit judges. A verdict was taken for the plaintiff, subject to the opinion of this court on the following facts, and if the court should be of opinion that the plaintiff was not entitled to recover, then judgment of nonsuit to be entered.
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This was an action of ejectment, tried at the New-York circuit in September, 1828, before the Hon. Ogden Edwards, one of the circuit judges. A verdict was taken for the plaintiff, subject to the opinion of this court on the following facts, and if the court should be of opinion that the plaintiff was not entitled to recover, then judgment of nonsuit to be entered. The property claimed consisted of two lots in the city of New-York, an equal undivided fourth part of which came to William M. Price by descent, on the decease of his father on 21st May, 1821; previous to which time, to wit, on 4th…
1Opinion of the Court
By the Court,
Marcy, J.
The judgment eo instanti, the property descended became a lien upon it, and the title to it vested in the purchaser at the sheriff’s sale, unless the opeeration of the deeds to the defendant prevented it. When these deeds were executed, Price had no title or claim to the premises, and could therefore convey no right to them. Qui non hahet, Ule non dat. A grant by a person who has no estate, as an heir in the life time of his ancestor, will not pass any estate. (3 Preston on Abstract of Titles, 25, 6.) This position is well warranted by Sir Marmaduke Wivel's case, (Hob.…
2Cited by23 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Clark v. BakerCalifornia Supreme Court · 1860
- Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876
- Brawford v. WolfeSupreme Court of Missouri · 1890
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