Legal Opinion

Cook v. Travis

New York Supreme Court

Decided September 1, 1856PublishedCited by 4 opinions

THIS action was brought to recover possession of States 100 acres of lot 44, Ovid, commenced August 1, 1854. The complaint stated that Baker, being the owner of the premises, agreed with Daniel Tyler to exchange the Lodi farm for Tyler’s farm in Hector; and on the 21st of February, 1853, they exchanged conveyances accordingly, for their respective farms ; Baker, covenanting to give and insure to Tyler possession of the Young farm, and deeds were recorded.

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THIS action was brought to recover possession of States 100 acres of lot 44, Ovid, commenced August 1, 1854. The complaint stated that Baker, being the owner of the premises, agreed with Daniel Tyler to exchange the Lodi farm for Tyler’s farm in Hector; and on the 21st of February, 1853, they exchanged conveyances accordingly, for their respective farms ; Baker, covenanting to give and insure to Tyler possession of the Young farm, and deeds were recorded. Tyler was to pay $1400 on the exchange, of which he paid $800. That Baker and Murlin, who were partners in trade, becoming embarrassed,…

1Opinion of the Court

By the Court, T. R. Strong, J.

The title to the premises in question, in 1818, was in Peter Young; who is the common source of title of the respective, parties to the action. In October of that year, Stephen S. Munn recovered a judgment against Young and Abraham Cutler, which was docketed on the *35824th of October ; and in November following, John Mowatt, jr. recovered a judgment against the same persons, which was docketed the 12th of that month. Executions were issued on these judgments ; and under that on the Munn judgment the premises were sold to Henry D. Barto, the latter part of December,…

2Cases cited6 opinions

  1. Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Woods v. FarmereSupreme Court of Pennsylvania · 1838
  3. Jackson ex dem' Klein v. GrahamNew York Supreme Court · 1805
  4. Wright v. DouglassNew York Supreme Court · 1850
  5. Jackson ex dem. Bowne v. HinmanNew York Supreme Court · 1813

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Trustees of Union College v. WheelerNew York Supreme Court · 1871
  2. Baker v. ThomasNew York Supreme Court · 1891
  3. Groton Savings Bank v. BattyNew Jersey Court of Chancery · 1878
  4. Wickes v. LakeWisconsin Supreme Court · 1869

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