Willson v. Betts
New York Supreme Court
Ejectment for an undivided sixth part of 168 acres of land, part of lot No. 37, in the township of Camillus, now Van Burén, Onondaga county; tried before Whiting, 0. Judge, at the Onondaga circuit, in August, 1846. Joseph Collins was a soldier in the war of the revolution, and drew the lot in question. A patent issued to him July 8, 1790, which was delivered to William McCready.
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Ejectment for an undivided sixth part of 168 acres of land, part of lot No. 37, in the township of Camillus, now Van Burén, Onondaga county; tried before Whiting, 0. Judge, at the Onondaga circuit, in August, 1846. Joseph Collins was a soldier in the war of the revolution, and drew the lot in question. A patent issued to him July 8, 1790, which was delivered to William McCready. The plaintiff is the daughter of McCready, and entitled as heir at law to the one sixth part of his estate. He died in 1799. The plaintiff claimed that Collins had conveyed the lot to her father in 1784. The plaintiff…
1Opinion of the Court
By the Court, Bronson, Ch. J.
If we assume that there was no difficulty in relation to the proof of the deed from Collins to McCready, I see no ground on which the motion for a new trial can succeed. The instrument is more than a power of attorney: it is also a conveyance by way of bargain and sale. It is true that a consideration is essential to such a conveyance, and that none is expressed in this deed. But extrinsic evidence is admissible to show a consideration, where none is expressed in the deed. (Jackson v. Fish, 10 John. 456; Jackson v. Pike, 9 Cowen, 69.) The point that there was no…
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