Legal Opinion

Jackson ex dem. Salisbury v. Fish

New York Supreme Court

Decided October 15, 1813PublishedCited by 30 opinions

THIS was an action of ejectment for lot No. 6. in the town of T_ e ° Hannibal, m the county of Onondaga, At the trial of the cause a verdict was taken for the plaintiff, subject to the opinion of the following case: The plaintiff gave in evidence letters patent for the lot in ques-,1 , r -r , „ * * non, dated 3d ot July, 1790, to Caleb Cornwall; also a deed dated 2d of April, 1783, from Cornwall to Edward Taylor, as follows: “ Know, See. that I, Caleb Cornwall, of, &c. have…

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THIS was an action of ejectment for lot No. 6. in the town of T_ e ° Hannibal, m the county of Onondaga, At the trial of the cause a verdict was taken for the plaintiff, subject to the opinion of the following case: The plaintiff gave in evidence letters patent for the lot in ques-,1 , r -r , „ * * non, dated 3d ot July, 1790, to Caleb Cornwall; also a deed dated 2d of April, 1783, from Cornwall to Edward Taylor, as follows: “ Know, See. that I, Caleb Cornwall, of, &c. have re-raised, released, and forever quitclaimed to Edward Taylor, of, &c. his heirs, Sec. whatsoever lands or claim may be…

1Per curiam

The conveyance from Cornwall to Taylor, in 1783, was sufficient to pass his interest in the premises. It was a bargain and sale by the words remise, release, and forever quitclaim, and these words were sufficient to raise a trust or use for the benefit of the bargainee; and by the statute of uses, the use was *463transferred into possession. The same may be said of the words release amd assign, in the deed from Taylor to the lessor of the plaintifC It was shown upon the trial that both of those deeds were founded upon a valuable consideration; and if a consideration be proved, it is sufficient,…

2Cited by30 opinions

  1. Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
  2. Knox v. McFarranSupreme Court of Colorado · 1879
  3. Frink v. DarstIllinois Supreme Court · 1853
  4. Gress v. EvansSupreme Court Of The Territory Of Dakota · 1877
  5. Brown v. WarrenNevada Supreme Court · 1881

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