Jackson ex dem. Saunders v. Cadwell
New York Supreme Court
Ejectment, for 6 acres, being part of lot No. 16, in the tract of land set apart by the state to the heirs of Peter 06-¿equette, situate in the county of Oneida.
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Ejectment, for 6 acres, being part of lot No. 16, in the tract of land set apart by the state to the heirs of Peter 06-¿equette, situate in the county of Oneida. The cause was tried at the Oneida Circuit, on the 19 The plaintiff gave in evidence, a lease of the whole of lot No. 16, executed pursuant to the statute, to Clark Saunders •and his heirs, for three lives, (all of which were then unexpired ;) an assignment of this lease from Clark Saunders to his father, Edward C. Saunders, (one of the lessors) on the 6 th day of May, 1815; also an assignment from Edward C. Saunders, to Clark…
1Opinion of the CourtWoodwob.th, J.
If the question had been submitted to the jury," whether the judgments were paid, I think the plaintiff would have failed on that ground. The evidence does not satisfactorily establish the fact of payment. The Judge, at the trial, being of opinion that this inquiry was immaterial, decided that the title of the defendant could not be affected, he being a bona fide purchaser, without notice. The only question submitted to the jury was, whether the conveyance from Clark Saunders to Edward C. Saunders, was fraudulent. The exception is taken to the charge, but not to the opinion of the Judge,…
2Cases cited9 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Sherman v. BoyceNew York Supreme Court · 1818
- Frier v. Jackson ex dem. Van AllenCourt for the Trial of Impeachments and Correction of Errors · 1811
- Jackson ex dem. Russell v. CroyNew York Supreme Court · 1815
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- Burwell v. . JacksonNew York Court of Appeals · 1854
- Rush v. FrenchArizona Supreme Court · 1874
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