Jackson ex dem. Hudson v. Alexander
New York Supreme Court
THIS was an action of ejectment, for lot no. 68. in the town of Milton, in the county of Cayuga. The cause was tried before Mr. Justice Spencer, at the Cayuga circuit, on the 1st July, 1808. On the trial, the plaintiff gave in evidence an exemplification of a patent,(a) dated the 8th July, 1790, granting the lot in question to Joseph Brown, for his military services, and a writing executed by Broten, in the following words ; "For value received of Daniel Hudson & Co. I…
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THIS was an action of ejectment, for lot no. 68. in the town of Milton, in the county of Cayuga. The cause was tried before Mr. Justice Spencer, at the Cayuga circuit, on the 1st July, 1808. On the trial, the plaintiff gave in evidence an exemplification of a patent,(a) dated the 8th July, 1790, granting the lot in question to Joseph Brown, for his military services, and a writing executed by Broten, in the following words ; "For value received of Daniel Hudson & Co. I hereby make over and grant for myself, my heirs, and executors, unto the said Daniel Hudson & Co. his heirs and assigns» my…
1Opinion of the CourtSpencer, J.
There was no proof of a payment, or security given for the payment, of any consideration by Hudson to Brown; and the question is, whether the instrument stated in the case, conveyed the land to Hudson. In my opinion it did pot. This instrument cannot have any operation, unless as a bargain and sale, under the statute of uses. In Mildmay's case, (1 Coke, 176.) this point was decided, and it was held, “ that a use cannot be raised by any covenant or proviso, or by any bargain and sale, upon a general consideration ; and, therefore, if a man, by deed indented and enrolled, according to the…
2Cases cited1 opinion
- Lansing v. M'KillipNew York Supreme Court · 1805
3Cited by21 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Arthur v. ArthurNew York Supreme Court · 1850
- Grove v. HodgesSupreme Court of Pennsylvania · 1867
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
- Wickes v. ClarkeNew York Court of Chancery · 1840
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