Jackson v. Garnsey
New York Supreme Court
THIS was an action of ejectment, brought to recover part of lot No. 48. in township No. 7. in the second range of townships, in the county of Ontario. The cause was tried before the late Chief Justice, at the Ontario circuit, in June, 1818. The lessor of the plaintiff claimed as grantee of Amos Garnsey, of whom the defendant was the son and heir.
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THIS was an action of ejectment, brought to recover part of lot No. 48. in township No. 7. in the second range of townships, in the county of Ontario. The cause was tried before the late Chief Justice, at the Ontario circuit, in June, 1818. The lessor of the plaintiff claimed as grantee of Amos Garnsey, of whom the defendant was the son and heir. The execution and loss of the original deed were proved; and a record of the deed, by which it appeared, that it was dated ■ the 17th of August, 1793, was given in evidence as a copy, the acknowledgment being informal and insufficient. One of the…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
It has been argued, 1. That the deed created a resulting trust in favour of the grantor, as the consideration money was his.
2. That it was a mortgage, as the grantor was to receive back the land, and the objects for which it was given have been effected.
3. That the mortgagor having been permitted to remain in possession ever since 1793, the debt is to be deemed as paid.
4. That the outstanding title of Dorman may he set up to defeat a recovery.
The deed under which the lessor of the plaintiff claims, though purporting to be dated on the 10th of…
2Cited by21 opinions
- In Re Best Products Co., Inc.United States Bankruptcy Court, S.D. New York · 1994
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Parrott v. BakerSupreme Court of Georgia · 1889
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
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