Bartlett v. Judd
New York Supreme Court
APPEAL from a judgment entered upon the decision and report of a referee. The action was brought to recover possession of about two and a half acres of land. It was commenced in March, 1854. In January, 1835, the plaintiff recovered a judgment in the supreme court, against Daniel Tuttle, for $147.51. An execution was issued and returned unsatisfied.
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APPEAL from a judgment entered upon the decision and report of a referee. The action was brought to recover possession of about two and a half acres of land. It was commenced in March, 1854. In January, 1835, the plaintiff recovered a judgment in the supreme court, against Daniel Tuttle, for $147.51. An execution was issued and returned unsatisfied. In February, 1834, Tuttle became the owner in fee of land described as lot four in Wellsville, Allegany county, containing 13Tff„- acres. Tuttle, soon after, sold and conveyed a small portion of the lot to Sheldon Brewster; another small portion…
1Opinion of the Court
By the Court, Marvin, J.
The referee decided, as a conclusion of law, that the words in the sheriff’s deed and certificate of sale, should be construed as if the words “by Daniel Tuttle” were left out. This would leave the exception to apply to the land conveyed to William Smith by Moon. I do not understand that this decision proceeded upon any principles relating to the reforming of the deed; but the referee gives to the deed a construction by which he rejects the words “by Daniel Tuttle.” So understanding the decision, I am not prepared to concur. “If there are certain particulars, once *266suffi…
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- Jackson ex. dem. Livingston v. DelancyCourt for the Trial of Impeachments and Correction of Errors · 1816
- Jackson ex dem. M'Naughton v. LoomisNew York Supreme Court · 1820
- Jackson ex dem. Carman v. RoseveltNew York Supreme Court · 1816
- Mason v. WhiteNew York Supreme Court · 1851
- Dike v. LewisNew York Supreme Court · 1847
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