Arnot v. McClure
New York Supreme Court
Ejectment for a lot of land in the village of Elmira, Uhemung county, tried before Monell, C. Judge, at the Chemung . circuit in June, 1842. The premises in question were called the McClure lot, which is 13 feet wide and 218 feet deep, with the addition of a “ strip,” or piece of land on the east 9 feet ? inches wide, and 20 feet long. The McClure lot, with othei adjoining lots, were formerly owned by Clark Winans.
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Ejectment for a lot of land in the village of Elmira, Uhemung county, tried before Monell, C. Judge, at the Chemung . circuit in June, 1842. The premises in question were called the McClure lot, which is 13 feet wide and 218 feet deep, with the addition of a “ strip,” or piece of land on the east 9 feet ? inches wide, and 20 feet long. The McClure lot, with othei adjoining lots, were formerly owned by Clark Winans. On the 1st of May, 1827, Winans conveyed the lots to Joseph Yial and Uriah Smith; and Yial & Smith on the same day mortgaged the lots to Winans for securing the payment of $600 by…
1Opinion of the Court
By the Court, Bronson, Ch. J.
Affidavits showing the regularity of a statute foreclosure, when duly made and recorded, are presumptive evidence of the facts therein contained. (2 R. S. 547, § 9 to 12.) Before we had any such statute, the *44regularity of the proceedings could only be established by common law evidence; and any bind of common law evidence was admissible. (See Hawley v. Bennett, 5 Paige, 104.) And now, where there are no affidavits, I see no reason" why the publishing and affixing of the notice, and the circumstances of the sale, may not be proved in the same manner that they were…
2Cases cited1 opinion
- Hawley v. Bennett.New York Court of Chancery · 1835
3Cited by18 opinions
- Bunce v. ReedNew York Supreme Court · 1853
- Field v. GoodingMassachusetts Supreme Judicial Court · 1871
- Tuthill v. . TracyNew York Court of Appeals · 1865
- Sherman v. . WillettNew York Court of Appeals · 1870
- Cohoes Co. v. GossNew York Supreme Court · 1852
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