Jackson ex dem. Center v. Campbell
New York Supreme Court
EJECTMENT for one hundred acres of land, in Victor, in Ontario county, tried before Mr. Justice Van Ness, at the Ontario circuit, in May, 1820. It was admitted, at the trial, that the common source of title was in Roswell Murray. The plaintiff produced in evidence, a mortgage from Roswell Murray to the lessors of the plaintiff, dated September 8th, 1813,-acknowledged the 11th of September, 1813, and registered the 3d of February, 1815, for 500 dollars.
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EJECTMENT for one hundred acres of land, in Victor, in Ontario county, tried before Mr. Justice Van Ness, at the Ontario circuit, in May, 1820. It was admitted, at the trial, that the common source of title was in Roswell Murray. The plaintiff produced in evidence, a mortgage from Roswell Murray to the lessors of the plaintiff, dated September 8th, 1813,-acknowledged the 11th of September, 1813, and registered the 3d of February, 1815, for 500 dollars. The plaintiff also produced a bond of R. M. to the lessors, of the same date, conditioned to pay 500 dollars, on or before the 1st of July…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. Roswell Murray is the common source of title ; the plaintiffs proved a mortgage of the premises to the lessors of *282the plaintiffs, executed by Murray, on the 8th of September, 1813, and registered the 3d of February, 1815. The defendant produced and proved a deed from Murray to N. and M. Campbell, dated the 24th of September, 1813, and re-cor(jecj ti)e loth of April, 1817, for the premises. ‘ The mortgage and deed are bona fide, and for a valuable consideration, and no notice, either actual or constructive, was proved to have been given to JV.…
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- Hawley v. Bennett.New York Court of Chancery · 1835
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