Stevens v. Palmer
The Superior Court of New York City
This action was brought to recover possession of a lot of land on Forty-sixth street in the City of Hew York. The cause was tried on the 21st of April, 1862, before Mr. Justice Robertson and a Jury. The plaintiff, having shown title to the lot in question, in Daniel B. Tallmadge, by a deed to him from Henry J. Seaman and wife, dated March 1,1836, offered in evidence: First. The petition of said Tallmadge to the District Court of the United States for the Southern.
Read the full summary
This action was brought to recover possession of a lot of land on Forty-sixth street in the City of Hew York. The cause was tried on the 21st of April, 1862, before Mr. Justice Robertson and a Jury. The plaintiff, having shown title to the lot in question, in Daniel B. Tallmadge, by a deed to him from Henry J. Seaman and wife, dated March 1,1836, offered in evidence: First. The petition of said Tallmadge to the District Court of the United States for the Southern. District of Hew' York, dated October 28, 1842, praying for the benefit of the United States bankrupt act, passed August 19, 1841.…
1Opinion of the Court
By the Court—Monell, J.
I am of opinion that, the plaintiff acquired the title of .Daniel B. Tallmadge, to the lot sought to be recovered in this action.
The decree in the bankruptcy proceedings vested in the official or general assignee, all the title Tallmadge had in the lot. (U. S. Bankrupt Act, §§ 3, 15.)
The order to sell was made by the Court, and the conveyance to the plaintiff under it, gave him all the title of Tallmadge. I cannot discover any want of power in the Court, to make the order, nor any irregularity in the proceedings or sale, which would vitiate it. The title of Tallmadge…
2Cases cited4 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Truax v. ThornNew York Supreme Court · 1848
- Carter v. KoezleyThe Superior Court of New York City · 1861