Legal Opinion

Jackson ex dem. M'Crea v. Dunlap

New York Supreme Court

Decided July 15, 1799PublishedCited by 26 opinions

This was an action of ejectment for the recovery of certain premises situate in the seventh ward of the city of New York. On the trial before Mr. Justice Radclif, at the New York circuit, in March 1799, both parties deduced theii title from Stephen M’Crea, late of the said city deceased ; and it was-proved that he died in possession of the premises sometime before the commencement of the action.

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This was an action of ejectment for the recovery of certain premises situate in the seventh ward of the city of New York. On the trial before Mr. Justice Radclif, at the New York circuit, in March 1799, both parties deduced theii title from Stephen M’Crea, late of the said city deceased ; and it was-proved that he died in possession of the premises sometime before the commencement of the action. The plaintiff produced in evidence the will of M’Crea, which was proved to have been duly executed, and by which he devised the premises in question to the lessors. The defendant then called on the…

1Opinion of the Court

Lansing, Ch. J.

In determining this case, it is necessary to consider the intent of the parties as to the deed in ques*135tion. From the whole- transaction, it was evidently their intent that Wareham, the purchaser, should not have the land until the consideration money was paid. All the acts of the parties were directed to this object, and if it can be maintained consistently with established principles, every reasonable construction in its favor ought to be admitted.

It is not necessary, in my opinion, to enter into the doctrine of equitable mortgages. It is true the deed was executed, attested,…

2Cases cited3 opinions

  1. Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
  2. Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
  3. Church v. GilmanNew York Supreme Court · 1836

3Cited by26 opinions

  1. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of LansingNew York Court of Appeals · 1905
  2. Hibberd v. SmithCalifornia Supreme Court · 1885
  3. Sleeth v. . SampsonNew York Court of Appeals · 1923
  4. Church v. GilmanNew York Supreme Court · 1836
  5. Morgan v. Hazlehurst LodgeMississippi Supreme Court · 1876

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