Varick v. Briggs
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fourth circuit. In July, 1801, John Tibbitts vyas the owner of 9600 acres of land in the town of Lisbon, in that part of the county of Oneida which is now the County of St. Lawrence. On the 9th of November, 1810, he deeded to Wesson Briggs, whose first'wife was a daughter of Tibbits, lot No. 3 of the subdivisions of that tract, containing 1000 acres, with covenants of seizin and warranty.
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This was an appeal from a decree of the vice chancellor of the fourth circuit. In July, 1801, John Tibbitts vyas the owner of 9600 acres of land in the town of Lisbon, in that part of the county of Oneida which is now the County of St. Lawrence. On the 9th of November, 1810, he deeded to Wesson Briggs, whose first'wife was a daughter of Tibbits, lot No. 3 of the subdivisions of that tract, containing 1000 acres, with covenants of seizin and warranty. This deed was duly .recorded a few days after its execution.. And in February, 1822, Briggs being in possession of the premises as the…
1Opinion of the Court
The Chancellor.
The first question presented by this case is as to the right of the defendants to give in evidence the declarations of John Tibbitts and Wesson Briggs as to the giving up the alleged deed of 1802. The declarations of Tibbitts, after he had conveyed to Briggs in 1810 with warranty, are not admissible in evidence for any purpose whatever, as against a person claiming title under that conveyance. The declarations of Briggs, however, which were made previous to the giving of the mortgage to Varick, and while he was in possession claiming title to the premises under the deed of…
2Cases cited1 opinion
- Corbin v. Jackson ex dem. GarnseyCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by35 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Ex parte NewmanCalifornia Supreme Court · 1858
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Landigan v. MayerOregon Supreme Court · 1898
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