Jackson ex dem. Merrit v. Terry
New York Supreme Court
THIS was an action of ejectment, for the recovery of part of lot No. 82., in the town of Homer. The cause was tried before Mr. Justice Spencer, at the last Courtlandt circuit.
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THIS was an action of ejectment, for the recovery of part of lot No. 82., in the town of Homer. The cause was tried before Mr. Justice Spencer, at the last Courtlandt circuit. At the trial, the plaintiff gave in evidence a deed in fee for the premises in question, from Archibald Turner to James Turner, for the consideration of four hundred dollars, dated the 24th Sept. 1804, which was duly acknowledged on the same day, and a » O v ' recorded in the proper office, May 23d, 1805 ; also, a deed in fee r r , - , from James burner to the lessor of the plaintiff, dated April 9th, 1806, for the…
1Opinion of the Court
Thompson, Ch. J.,
delivered the opinion of the court. From the evidence in this case, it is manifest that, as between Archibald and J ames Turner, a gross fraud was intended. The sale was made for the express purpose of avoiding the judgment of Hubbard against Archibald Turner. But there is no evidence that the lessor of the plaintiff was, in any manner, privy to such fraud. He appears to have been a bona fide purchaser from James Turner, without any knowledge of the fraud between him and Archibald, and, of course, he is not to be prejudiced by it. The right between these parties will,…
2Cases cited1 opinion
- Simonds v. CatlinNew York Supreme Court · 1804
3Cited by11 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Martin v. DrydenIllinois Supreme Court · 1844
- Dixon v. Doe ex dem. LacosteMississippi Supreme Court · 1843
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1828
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