Jackson v. Bateman
New York Supreme Court
This was an action of ejectment tried at the Monroe circuj¿ jn March, 1828, for the recovery of a house lot in the e 7 7 - v village of Rochester.
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This was an action of ejectment tried at the Monroe circuj¿ jn March, 1828, for the recovery of a house lot in the e 7 7 - v village of Rochester. On the 22d March, 1821, S. D. Mumford being seized of üremises (by his attorney, H. R. Bender,) entered into 1 x v X i r. . a contract to convey unto Jonathan Case a house lot m the village of Rochester upon the payment of $ 125, by annual instalments, the last instalment falling due 22d March, 1825. Bender, the agent of Mumford, proved that all the instalments were paid by Jonathan Case except the last, which was paid by James Gregory. On whose…
1Opinion of the Court
By the Court, Marcy, J.
The legal title to the premises in question has never been in Jonathan Case, but it is contended by the plaintiff that he had a resulting trust in the premises at the time of the docketing of the judgment against Case, and that therefore such judgment was a lien upon them, and the lessor of the plaintiff acquired title under the sale by virtue of the execution issued on that judgment.
In March, 1821, Mumford, who then owned the premises, entered into a contract to convey them to Jonathan Case, on receiving certain payments mentioned in the article of *573agreement between…
2Cited by13 opinions
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- Trask v. GreenMichigan Supreme Court · 1861
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