Bumpus v. Platner
New York Court of Chancery
THE bill, which was for an injunction, stated, that Plainer, pretending to have a title to lot No. 28, in the Freemason's Patent, on the 30th of December, 1794, sold and conveyed it to JV- &/ I. Bumpus, for 1,788 dollars, of which the sum of 100 dollars was paid down, and a bond and mortgage taken for the residue, since which the sum of 450 dollars had been paid on the bond. The deed contained the usual covenant of warranty.
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THE bill, which was for an injunction, stated, that Plainer, pretending to have a title to lot No. 28, in the Freemason's Patent, on the 30th of December, 1794, sold and conveyed it to JV- &/ I. Bumpus, for 1,788 dollars, of which the sum of 100 dollars was paid down, and a bond and mortgage taken for the residue, since which the sum of 450 dollars had been paid on the bond. The deed contained the usual covenant of warranty. JV. £/ I. Bumpus, afterwards, sold 100 acres of the land to Simeon Bumpus, the other plaintiff* The defendant, Bay, procured from Platner an assignment of the bond and…
1Opinion of the Court
The Chancellor.
I have not been able to discover any principle arising out of the facts, in this case, that enable me to set aside the bond and mortgage given by the plaintiffs to the defendant, Bay. The ground taken in support of the bill, is the failure of consideration: 1. Because the title, derived from Platner, was founded bn a forged deed from MlDougall to Plainer: 2. If not, yet that there was a prior conveyance from M-Dougall to Weatherwax.
1. The allegation of forgery is not proved, and, probably, would never have been made, if Platner had not been convicted of some other forgery, in…
2Cited by32 opinions
- Simpson v. . Del HoyoNew York Court of Appeals · 1883
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Hayes v. . NourseNew York Court of Appeals · 1889
- Heavner v. MorganWest Virginia Supreme Court · 1887
- Patton v. TaylorSupreme Court of the United States · 1849
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