Jackson ex dem. Glover v. Winslow
New York Supreme Court
Ejectment for part of lot No. 68, in the town of Preble, in the mrmiy of Cortland: tried at the circuit in that '’omity, Jannmy 3rd, 1827, before Nelson, C. Judge. • At the trial, the plaintiff proved that Samuel Crarath died . _ . . . . seised of the premises m question between 15 and 20 years hpfnrp Del01e’ He then produced a record in partition in the C. P. of Cortland, of the premises in question, between the heirs of Samuel Crarath, filed March 19th, 1819, by which it…
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Ejectment for part of lot No. 68, in the town of Preble, in the mrmiy of Cortland: tried at the circuit in that '’omity, Jannmy 3rd, 1827, before Nelson, C. Judge. • At the trial, the plaintiff proved that Samuel Crarath died . _ . . . . seised of the premises m question between 15 and 20 years hpfnrp Del01e’ He then produced a record in partition in the C. P. of Cortland, of the premises in question, between the heirs of Samuel Crarath, filed March 19th, 1819, by which it appear- . ■ , . J rr ed that the commissioners of partition reported that the = lands could not be divided, and that they…
1Opinion of the Court
Kellogg,
the agent of the lessor of the plaintiff, had knowledge of circumstances enough to put him upon his enquiry as *to Noah Parson’s title to the premises. If he was ignorant of the fact that Noah Parsons had a deed from Crarath, it must have been because he was careful not to know it. He knew the premises had been paid for by Noah Parsons, and understood that they had been sold on the oldest execution against him. How should all this happen, if Noah Parsons had no title ? He knew that Crarath was to give the deed to Jared Parsons, without receiving any equivalent, and that Jared Parsons…
2Cases cited4 opinions
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- Dart v. DartSupreme Court of Connecticut · 1828
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- Drey v. DoyleSupreme Court of Missouri · 1889
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