Jackson v. Cary
New York Supreme Court
THIS was an action of ejectment brought to recover an - J ° undivided eighth part of about six thousand acres of land in the county of Otsego.
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THIS was an action of ejectment brought to recover an - J ° undivided eighth part of about six thousand acres of land in the county of Otsego. The cause was tried before Mr. J. Platt, at the Otsego circuit, in June, 1818. The premises in question were part of a patent granted to George Croghan, and ninety-nine others, for 100,000 acres ^an<^* The other proprietors released to Croghan, who, deed dated March 2, 1770, conveyed the premises to Augustine Prevost: and Augustine Prevost and wife, by deed, , 6 , T ° , ,, , ’ T> dated June 29, 1771, conyeyed the same to Cornelius P» Low, who died…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
The first objection to the deed from the Kips is, that it is a deed of bargain and sale, and that upon such a deed a use cannot be limited to any other person than the bargainee. This Court adopted and recognized that principle, in Jackson v. Myers, (3 Johns. Rep. 396.) Sanders, in his Treatise on Uses and Trusts, gives this question a very full discussion. He says, (p. 315.) “ that the nature of the estate since the statute is the same as it was befojre; that the bargainee is still but a cestui que use, and though he has a legal, instead of…
2Cited by16 opinions
- Chandler v. CheneyIndiana Supreme Court · 1871
- Frink v. RoeCalifornia Supreme Court · 1886
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- John P. Van Ness, and Marcla His Wife v. The Mayor, Aldermen, and Board of Common Council of the City of Washington, and the United States of AmericaSupreme Court of the United States · 1830
- Brown v. RenshawCourt of Appeals of Maryland · 1881
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