Jackson ex dem. Wadsworth v. Wendell
New York Supreme Court
THIS was an action of ejectment, brought to recover the . t* i tvt • n i . ° possession ot lot No. 11. m Solon, in the county of Cortlandt. * _ v At the trial, before Mr. Justice Spencer, at the Cortlandt circuit. in 1814, the plaintiff gave in evidence the original patent to John Thomas, dated July 9, 1790; also, a written instrument dated the 5th of September, 1789, without seal, from John Thomas, by which, “ in consideration of a valuable sum received,” &c. he sold,…
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THIS was an action of ejectment, brought to recover the . t* i tvt • n i . ° possession ot lot No. 11. m Solon, in the county of Cortlandt. * _ v At the trial, before Mr. Justice Spencer, at the Cortlandt circuit. in 1814, the plaintiff gave in evidence the original patent to John Thomas, dated July 9, 1790; also, a written instrument dated the 5th of September, 1789, without seal, from John Thomas, by which, “ in consideration of a valuable sum received,” &c. he sold, quit-claimed., and conferred all his, right, See. to bounty lands, &c. to James Wadsworth. It is unnecessary to state the…
1Per curiam
Several objections are stated as to the sufficiency of the instrument from Thomas to Wadsworth, to convey a title *356to the lot in question. It is unnecessary to take notice of any other than the one, that the instrument is without a seal. This alone is fatal to the plaintiff’s title, according to the decision of this court, in Jackson, ex dem. Gouch, v. Wood.* It is expressly decided, in that case, that a conveyance of a freehold estate in fee, must be by deed or writing under seal.
Judgment for the defendant.
Ante, 73.
2Cited by2 opinions
- Wilcox v. RandallNew York Supreme Court · 1850
- Town of Solon v. Williamsburgh Savings BankNew York Supreme Court · 1885