Miller v. Watson
New York Supreme Court
This was an action of assumpsit, tried at the the Seneca circuit in June, 1827, before the Hon. E. T. Throop, then one of the circuit judges. The declaration contained the usual money counts, and a count on an insimul computassent. In 1810 the defendant sold 107 acres of land, part of a lot in the military tract, to the plaintiff, for the consideration of $655, and executed to him a warranty deed. He sold the remainder of the lot to other persons.
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This was an action of assumpsit, tried at the the Seneca circuit in June, 1827, before the Hon. E. T. Throop, then one of the circuit judges. The declaration contained the usual money counts, and a count on an insimul computassent. In 1810 the defendant sold 107 acres of land, part of a lot in the military tract, to the plaintiff, for the consideration of $655, and executed to him a warranty deed. He sold the remainder of the lot to other persons. In 1816 suits were commenced by Samuel Dexter for the recovery of the lot against the persons in possession, who, and amongst them the plaintiff,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This cause is before us for the third time on a motion for a new trial. When it first came up, it appeared that the defendant had sold and conveyed with warranty to the plaintiff, a certain lot of land for which the plaintiff had paid ; that subsequently an action of ejectment had been brought against the plaintiff by Samuel Dexter, and the defendant admitted that his title had failed; stated an account of what would be due to the plaintiff, being the principal and interest paid by him, which he, the defendant promised to pay. On this evidence, the plaintiff…
2Cited by8 opinions
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- Moyer v. ShoemakerNew York Supreme Court · 1849
- Wheeler v. WheedonNew York Supreme Court · 1853
- Morrison v. JonesAppellate Court of Illinois · 1880
- Richards v. KillamMassachusetts Supreme Judicial Court · 1813
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