Jackson ex dem. Tracy v. Hayner
New York Supreme Court
THESE were actions of ejectment, to recover a farm in the town of Laudlake, in the county of Rensselaer. The evidence . ' J i r . was taken out of court, ana a case settled by consent of the . y ' 'parties* ’ 4 ’ - Abraham Frear was the source of the title,’both of the plaintiffs and defendants, and held under a lease in fee, fróm Stephen Van Rensselaer, dated September 22d, 1790. On, the 13th of September, 1800, by an instrument, endorsed on the lease, Abraham Frear, and…
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THESE were actions of ejectment, to recover a farm in the town of Laudlake, in the county of Rensselaer. The evidence . ' J i r . was taken out of court, ana a case settled by consent of the . y ' 'parties* ’ 4 ’ - Abraham Frear was the source of the title,’both of the plaintiffs and defendants, and held under a lease in fee, fróm Stephen Van Rensselaer, dated September 22d, 1790. On, the 13th of September, 1800, by an instrument, endorsed on the lease, Abraham Frear, and wife, assigned the premises to James Morrison, in fee, and the point on which the causes turned, was, that this assignment…
1Opinion of the CourtYates, J.
Thq only question in these cases, is, whether the assignment from vi&raAa??¿ Frear to James Morrison, of the 13th of September, 1800, and endorsed • on the lease from Stephen Van Rensselaer to Frear, of the 22d of September, 1790, is fraudulen t and void.
If the facts stated by the "subscribing witness to this assignment, are true, there can be no doubt that a gross ,and unexampled imposition has been practised on Abraham Frear, who, it is alleged, executed it. Rovmall' Hitchcock,. the witness; alluded to, states that he wrote the assignment at the request of Samuel Frear, who, after it was…
2Cited by9 opinions
- Hitz v. JenksSupreme Court of the United States · 1887
- White v. GravesMassachusetts Supreme Judicial Court · 1871
- Hallenbeck v. DewittNew York Supreme Court · 1807
- Kelly v. KellyNew York Supreme Court · 1921
- Harden v. DorthyAppellate Division of the Supreme Court of the State of New York · 1896
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