Jackson ex dem. Swartwout v. Johnson
New York Supreme Court
Ejectments, to recover an undivided fourth of part of lots 5 and 10, in Golden’s tract, in Croghan’s patent, intha town of Burlington, in Otsego county, tried at the circuit in that county, September, 1823, before Nelson, C. Judge.
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Ejectments, to recover an undivided fourth of part of lots 5 and 10, in Golden’s tract, in Croghan’s patent, intha town of Burlington, in Otsego county, tried at the circuit in that county, September, 1823, before Nelson, C. Judge. It was admitted that Cadwallader Golden and David ^ol^en were, on the 15th of March, 1770, seised of 1483 acres of land, of which the premises in question were a The plaintiff gave in evidence, a deed from Cadwallader Golden to David Golden, dated December 12, 1775 ; and by which lots 5 and 10, with others, were released to David Golden. It was admitted that David…
1Opinion of the CourtSutherland, J.
The lessors of the plaintiff made out a clear paper title to the premises in question; and are entitled, to recover, unless the deed from Cadwallader Golden to Mrs. Cooper, of the 5th November, 1792, was void under the statute of champerty and maintenance, or their rights Darred by adverse possession.
The questions which arose in the suit of the same lessors against Cole,(a) whether the trust in favor of the heirs of David Golden, created by the act of 1787, was executed by the statute of uses, or if not, whether a conveyance from the trustee to the cestuis que trust was to be presumed, are…
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