Van Cortlandt v. Tozer
New York Supreme Court
Error from the superior court of the city of New-York. William R. Van Cortlandt and others, the heirs at law of William Ricketts Van Cortlandt, commenced an action of ejectment against Charles Tozer, for the recovery of part of a house-lot in the city of New-York.
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Error from the superior court of the city of New-York. William R. Van Cortlandt and others, the heirs at law of William Ricketts Van Cortlandt, commenced an action of ejectment against Charles Tozer, for the recovery of part of a house-lot in the city of New-York. The property in question, was devised in 1754, by the grandfather of the plaintiffs, to his wife Mary, for life, witlpremainder in fee to his two sons, Philip Van Cortlandt and William Ricketts Van Cortlandt, as tenants in common. The testqtor died in 1756. In 1759, his widow married the Rev. Philip Hughes, and on the 8th April,…
1Opinion of the Court
After advisement, the following opinion was delivered :
By the Chancellor.
The only material question in this cause is, whether the transcript of the deed of December, 1764, from the ancestor of the plaintiffs, to his brother Philip Van Cortlandt, under whom the defendant has derived his title to the premises in controversy, was legal evidence for the defendant upon the trial in the court below. This depends in some measure upon the construction of the first section of the act of January 1811, concerning the record of certain ancient conveyances; which section was substantially the same as the…
2Cases cited1 opinion
- Doe v. RoeNew York Supreme Court · 1800
3Cited by3 opinions
- McIntyre v. KammOregon Supreme Court · 1885
- Webb v. United-American Soda Fountain Co.Court of Appeals for the Fifth Circuit · 1932
- Blackman v. RileyNew York Supreme Court · 1892