Jackson, ex rel. Hendricks v. Andrews
New York Supreme Court
This was an action of ejectment, tried at the Cortland circuit in June, 1829, before the Hon. Samuel Nelson, then one of the circuit judges.
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This was an action of ejectment, tried at the Cortland circuit in June, 1829, before the Hon. Samuel Nelson, then one of the circuit judges. Title was shewn in the lessor of the plaintiff to the premises in question, being part of lot No. 60 Home'r, under a sheriff’s sale, by virtue of an execution issued on a judgment obtained by the lessor of the plaintiff against Abraham Franklin and others, docketed the 28th May, 1808. Lot No. 60, Homer, was conveyed by the sheriff of Cortland in pursuance of such sale by deed, bearing date the 15th November, 1821, to Hendricks, the lessor, and to Elisha…
1Opinion of the Court
By the Court,
Sutherland, J.
The first inquiry in this case is as to the effect of the proceedings in chancery, instituted by the lessor of the plaintiff upon the rights of the parties. It is not pretended that Henry Franklin had any other title to these premises than such as he acquired by the deed from Abraham Franklin; and that deed was expressly adjudged and pronounced to have been void on the ground of fraud ; not incidentally and collaterally, but in a proceeding instituted in proper form and with proper parties, for the express purpose of testing its validity. Again; the conveyance from…
2Cases cited1 opinion
- Jackson ex dem. Potter v. ScovilleNew York Supreme Court · 1830
3Cited by20 opinions
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- Norton v. BirgeSupreme Court of Connecticut · 1868
- Humbert v. Rector of Trinity ChurchCourt for the Trial of Impeachments and Correction of Errors · 1840
- Skeel v. SprakerNew York Court of Chancery · 1840
- Diamond v. Lawrence CountySupreme Court of Pennsylvania · 1861
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