Jackson ex dem. Bowers v. Crafts
New York Supreme Court
THIS was an action of ejectment, tried at the Otsego circuit, in May, 1819, before Mr, Justice Yates. ’ *7’ The declaration contained four counts : the first count was ... ' on the demise of the ihreeiessors of the plaintiff, jointly : and ,, - . ,. - . „ . *; 7 the other counts were on the separate demise of each lessor, The defendant was in possession under title derived from Elnathan Osborn, who had executed a bond to Bowers, one of the lessors, dated the 28th of April,…
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THIS was an action of ejectment, tried at the Otsego circuit, in May, 1819, before Mr, Justice Yates. ’ *7’ The declaration contained four counts : the first count was ... ' on the demise of the ihreeiessors of the plaintiff, jointly : and ,, - . ,. - . „ . *; 7 the other counts were on the separate demise of each lessor, The defendant was in possession under title derived from Elnathan Osborn, who had executed a bond to Bowers, one of the lessors, dated the 28th of April, 1813, for 214 dollars, payable in five years, with interest; to secure the payment of which he executed a mortgage of the…
1Opinion of the CourtWoodworth, J.
The mortgage,having; beehfassigñed fa^ Ñoziiérs^ before the commencement of tbe action, the plaintiff cannot succeed, unless he makes offi a subsisting title in one, okboth of the other lessors. It is contended on the part of the plaintiff, that the sale and conveyance of the mortgaged premises to David M'Collum, vested in him tlie legal estate. To support this, it must be shown, that the sale was “ regular, fair, *113and with good faith,’’ according to the requisitions of the statute; if it was not, the purchaser acquired no title. Reuben MCollum, the assignee of the mortgagee, acted as…
2Cited by27 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Post v. ArnotNew York Supreme Court · 1845
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Merritt v. LambertNew York Court of Chancery · 1838
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