Jackson ex dem. Livingston v. De Lancey
New York Supreme Court
THIS was an action of ejectment for lands, in the town of Plattckill, in Ulster county, tried before Mr. Justice Van Ness, at the Ulster circuit, in November, 1812. 7 3 e The plaintiff’s counsel, in support of the title of the lessor, r , 1 • . gave m evidence a lease of the premises m question, tor 21 years, from Nathan Miller to Andrew Gee, dated the 1st of March, 1785; a lease from Nathan Miller to Cornelius Gee and James Owen, dated the 1st of April, 1802. In the…
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THIS was an action of ejectment for lands, in the town of Plattckill, in Ulster county, tried before Mr. Justice Van Ness, at the Ulster circuit, in November, 1812. 7 3 e The plaintiff’s counsel, in support of the title of the lessor, r , 1 • . gave m evidence a lease of the premises m question, tor 21 years, from Nathan Miller to Andrew Gee, dated the 1st of March, 1785; a lease from Nathan Miller to Cornelius Gee and James Owen, dated the 1st of April, 1802. In the last-mentioned lease, the premises are described as the “ certain farms 3 r or tracts of land whereon the said Cornelius Gee…
1Opinion of the CourtYates, J.
I do not think it necessary to examine into the correctness or legality of the proceedings to revive the judgment against-the heirs and tertenants of Lord Stirling; nor whether the premises passed by the sheriff’s deed under that judgment, because the counsel for the defendants, on the argument, disavowed to claim under it.
The question, then, is as to the validity of the title under the mortgage given by Lord Stirling to Anne Waddell.
The general description in this mortgage is liable to no objection ; a party conusant of his rights may sell or mortgage, by general description, though an…
2Cited by13 opinions
- Corvallis & Eastern R. Co. v. BensonOregon Supreme Court · 1912
- Hatch v. SmithMassachusetts Supreme Judicial Court · 1809
- Brown v. WarrenNevada Supreme Court · 1881
- Austin v. DolbeeMichigan Supreme Court · 1894
- Howard v. DanielsSuperior Court of New Hampshire · 1819
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