Jackson ex. dem. Stone v. Scott
New York Supreme Court
EJECTMENT fortwo lots of land, in Vernon, county of • t /» * •»» ¶- • ir ^ Oneiaa> tried before Mr. Justice Y ates, at the Omida circuit, in June, 1819, when a verdict was taken for the plaintiff, sub* ject to the opinion of the Court, on the following case; John Otis, in 1811, was in possession of the premises in question, claiming title to them under a deed from M. Wemp anc^ O. Palmer, and continued in possession until 1815, when so^ the prei*fises5 hy a quit-claim deed,…
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EJECTMENT fortwo lots of land, in Vernon, county of • t /» * •»» ¶- • ir ^ Oneiaa> tried before Mr. Justice Y ates, at the Omida circuit, in June, 1819, when a verdict was taken for the plaintiff, sub* ject to the opinion of the Court, on the following case; John Otis, in 1811, was in possession of the premises in question, claiming title to them under a deed from M. Wemp anc^ O. Palmer, and continued in possession until 1815, when so^ the prei*fises5 hy a quit-claim deed, to Joel Carson, who immediately, and without entering into possession of the ■ - * -J * premises, sold and conveyed them,…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. There can be no doubt that the sale and transfer of the premises by Elijah Scott, was fraudulent in regard to creditors, and therefore void: the counsel has not ventured to contend that the sale was not fraudulent, and the evidence so fully shows it, that the point may be dismissed.
The only question then is, whether, as Elijah Scott had only the possession of the premises, with a contract from the surveyor general, entitling him to a conveyance, on the payment of certain sums of money, which yet remain due, he had such an interest as might be…
2Cited by13 opinions
- Burhans v. . Van ZandtNew York Court of Appeals · 1852
- Reynolds v. FlemingSupreme Court of Minnesota · 1890
- Higgins v. . McConnellNew York Court of Appeals · 1892
- Gritchell v. KreidlerMissouri Court of Appeals · 1882
- Littlefield v. RamseySupreme Court of Missouri · 1904
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