Jackson v. Morse
New York Supreme Court
THIS was an action of ejectment for a lot of land, in the village of Cherry Valley, in the county of Otsego, which was tried before Mr. J, Platt, at the Otsego circuit, in June, 1818. In 1814, W. Beekman, jun. purchased the lot in question of one Delos White, by a mere verbal agreement, paying him, however, partly in other land, and partly in money, the full consideration.
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THIS was an action of ejectment for a lot of land, in the village of Cherry Valley, in the county of Otsego, which was tried before Mr. J, Platt, at the Otsego circuit, in June, 1818. In 1814, W. Beekman, jun. purchased the lot in question of one Delos White, by a mere verbal agreement, paying him, however, partly in other land, and partly in money, the full consideration. Beekman immediately went into possession, and built an office on the premises, which the defendant occupied as his tenant for one year; it was then occupied by Beekman, until some time in the spring of 1816, when an…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
Beekman acquired nothing but an equitable interest in the premises, in consequence of his verbal agreement with White, and the payment of the consideration money. He had no legal or executed estate, entitling him to be regarded as seised. (4 Com. Dig. title Uses, 445. D. 1.) His right, until it was merged in the deed to Little, was a mere chose in action ; and his remedy, had White refused to convey, would have been in equity alone, to compel a specific execution of the contract.
The statute of frauds requires all declarations and creations of…
2Cases cited1 opinion
- Botsford v. BurrNew York Court of Chancery · 1817
3Cited by22 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Townsend v. Estate of DownerSupreme Court of Vermont · 1859
- Whiting v. GouldWisconsin Supreme Court · 1853
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