Rogers v. Eagle Fire Co.
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The Eagle Fire company of New York commenced an action of ejectment against Halsey Rogers for the recovery of a house and lot in the city of New-York, and on the trial of the cause in Dccember, 1828, deduced title to the premises as follows: 1. It was admitted by the defendant that one John Deitz owned and possessed the premises in question on the 3d July, 1799. 2. The plaintiffs gave in evidence a deed executed by John Deitz, to Abraham Buice,…
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Error from the supreme court. The Eagle Fire company of New York commenced an action of ejectment against Halsey Rogers for the recovery of a house and lot in the city of New-York, and on the trial of the cause in Dccember, 1828, deduced title to the premises as follows: 1. It was admitted by the defendant that one John Deitz owned and possessed the premises in question on the 3d July, 1799. 2. The plaintiffs gave in evidence a deed executed by John Deitz, to Abraham Buice, bearing date 3d July, 1799, in the words following: “To all to whom these presents shall come or may concern, know ye…
1Opinion of the Court
The following opinion was delivered:
By Mr. Justice Nelson.
The deed from Deitz to Buice, in relation to premises other than those now in question, was examined by the chief justice in Jackson v. Delancey, 4 Cowen, 427, and was considered by him inoperative as a bargain and sale for the want of a pecuniary consideration; as a covenant, to stand seized for the want of consideration of blood or marriage ; and as a common law conveyance, being an attempt to convey a freehold in futureThe principal ground upon which the decision upon the deed in that case is put, is the *615want of a pecuniary…
2Cases cited6 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Roberts v. ColemanWest Virginia Supreme Court · 1892
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Bunch v. NicksSupreme Court of Arkansas · 1887
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