White v. Lester
New York Court of Appeals
William D. White sued Ebenezer A. Lester and others, in the supreme court, in ejectment, to recover a lot of land lying in Fredonia, Chautauqua county. The only questions made in this court arose as to the regularity and effect of proceedings to foreclose a mortgage given by one Saxton, under whom both parties claim title, to the commissioners for loaning United States money.
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William D. White sued Ebenezer A. Lester and others, in the supreme court, in ejectment, to recover a lot of land lying in Fredonia, Chautauqua county. The only questions made in this court arose as to the regularity and effect of proceedings to foreclose a mortgage given by one Saxton, under whom both parties claim title, to the commissioners for loaning United States money. The supreme court gave and affirmed judgment for the defendants, on a verdict found on the facts stated in the opinion. Plaintiff appealed. in person, as to the indirect purchase by the bank, cited Ohio v. Pell, 7 N. Y.…
1Opinion of the Court
By the Court.
Hogeboom, J.
The plaintiff sues in ejectment to recover from the defendants the possession of certain premises in Chautauqua county. He claims title through John Z. Saxton, who was the admitted owner in 1837, and he showed a regular deduction of title from and through him, sufficient to maintain the action unless it is defeated by facts to be hereafter noticed. The defendants also claimed through Saxton, who, in August, 1837, executed to the commissioners for loaning certain moneys of the United States, a mortgage upon said premises pursuant to the Laws of 1837, c. 150, on which…
2Cases cited3 opinions
- Pell v. . UlmarNew York Court of Appeals · 1858
- King v. StowNew York Court of Chancery · 1822
- Olmstead v. . ElderNew York Court of Appeals · 1851