Jackson ex dem. Kemball v. Van Slyck
New York Supreme Court
■ THIS was an action of ejectment, brought to recover , u the easterly half of the westerly quarter of lot No. 41. in Springfield patent. The cause was tried at the Otsego circuit, in June last, before Mr. Justice Van Ness.
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■ THIS was an action of ejectment, brought to recover , u the easterly half of the westerly quarter of lot No. 41. in Springfield patent. The cause was tried at the Otsego circuit, in June last, before Mr. Justice Van Ness. The plaintiff gave in evidence a deed for a piece of land, including the premises in question, dated in June, 1803, from Julius Shaw to the lessor; subject to a previous mortgage from Shaw to John White, dated 13th of January, 1802. The lessor took possession of the land under his deed, and continued possessed about two years, when the defendant entered, and has remained…
1Per curiam
Whether the lessor of the plaintiff purchased the premises, with the money of the defendant, and so-became seised for the defendant, in consequence of the resulting, trust, is not a material inquiry in this case. Admitting the fact, which was offered to be proved by parol, (and this admission is more than the proof warranted,) the plaintiff was entitled to recover, because a court of law can look only to the legal estate. An equitable interest cannot be set up in ejectment, as a -defence against the legal title. This is a well established principle. (Jackson, ex dem. Potter, v. Sisson, 2…
2Cases cited1 opinion
- Jackson ex dem. Potter v. SissonNew York Supreme Court · 1801
3Cited by3 opinions
- Moore v. SpellmanNew York Supreme Court · 1848
- Page v. ColeSupreme Court of Iowa · 1858
- Rhoades v. SelinU.S. Circuit Court for the District of Eastern Pennsylvania · 1827