Bartlett v. . Judd
New York Court of Appeals
Appeal from the Supreme Court. Ejectment to recover two and a half acres of land in possession of the defendant, who claimed to hold them as purchaser by contract from Martin Grover, who derived title through several mesne conveyances from Daniel Tuttle, the common source of title.
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Appeal from the Supreme Court. Ejectment to recover two and a half acres of land in possession of the defendant, who claimed to hold them as purchaser by contract from Martin Grover, who derived title through several mesne conveyances from Daniel Tuttle, the common source of title. In January, 1835, the plaintiff recovered a judgment against Tuttle for some $147. In 1836, Tuttle became the owner, by purchase, of lot No. 4 in Scio, Allegany county, containing about one hundred and forty-one acres of land, portions of which he subsequently sold and conveyed to Sheldon Brewster, Norman Perry,…
1Opinion of the Court
Bacoít, J.
I am by no means clear that as the deed stands, and without any change in its terms, the sixty-three acres within the boundaries of which the parcel now in question is contained, is not excepted. There was no doubt that the land conveyed to Smith, and then actually held by him, was intended to be excepted. The only obscurity, if any there is, arises from the recital that it was conveyed to him by Tuttle, whereas in point of fact it was conveyed by Tuttle to Moore, and from him to Smith. Moore was simply the conduit through which it passed, an intermediate link in the chain which…
2Cases cited2 opinions
- Mason v. WhiteNew York Supreme Court · 1851
- Jackson, ex rel. Webb v. RobertsNew York Supreme Court · 1831
3Cited by23 opinions
- In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
- Hart v. BlabeyNew York Court of Appeals · 1942
- Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
- Backus v. BurkeSupreme Court of Minnesota · 1895
- De Forest v. . WaltersNew York Court of Appeals · 1897
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