Sayles v. Smith
New York Supreme Court
This was an action of ejectment, tried at the Madison circuit in September, 1831, before the Hon. Nathan Williams, one of the circuit judges.
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This was an action of ejectment, tried at the Madison circuit in September, 1831, before the Hon. Nathan Williams, one of the circuit judges. The plaintiff proved that the defendant, Horace Smith at the time of the commencement of this suit, was in possession of the premises in question, claiming to hold as the assignee of his father, Sheldon Smith, an insolvent debtor; and that Sheldon Smith had admitted by parol that the premises belonged to one John Bradley, from whom he had agreed to purchase the same at the time that Bradley took his deed from John Mattison, The plaintiff produced the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There are two points in this case made by the plaintiff: 1. That as both parties claimed title from Mattison, the defendant, through Bradley, whose tenant he was, and with whom he entered into a contract to purchase, at the time when Bradley took a deed from Matti-son, the defendant was estopped from denying that the title *59was in Mattison when he conveyed to Bradley; 2. That the foreclosure of Sheldon Smith’s mortgage was regular, and re-vested the title in Mattison.
1. The defendant stands in no better situation than Sheldon Smith ; and he could not deny the title…
2Cases cited1 opinion
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
3Cited by36 opinions
- Eden v. PeopleIllinois Supreme Court · 1896
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Smith v. . WilcoxNew York Court of Appeals · 1862
- Gibbons v. Mobile & Great Northern RailroadSupreme Court of Alabama · 1860
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