Metcalf v. . Van Benthuysen
New York Court of Appeals
Appeal from the supreme court. On the 6th of January, 1807, Barent Van Benthuysen purchased of the state of New-York a tract of land known as the state’s one hundred acres on military lot No. 41 in the township of Hannibal, county of Oswego ; and on such purchase he paid down a portion of the consideration money, gave his bond for the residue payable at a future time, and received from the surveyor general a certificate of the purchase in the usual form.
Read the full summary
Appeal from the supreme court. On the 6th of January, 1807, Barent Van Benthuysen purchased of the state of New-York a tract of land known as the state’s one hundred acres on military lot No. 41 in the township of Hannibal, county of Oswego ; and on such purchase he paid down a portion of the consideration money, gave his bond for the residue payable at a future time, and received from the surveyor general a certificate of the purchase in the usual form. On the 1st of July, 1839, he assigned the certificate to his son John Van Benthuy* sen, the defendant in this cause, who on the 5th of the…
1Opinion of the CourtGardiner, J.
The legal title of the defendant to the one hundred acres in question is complete, and is sustained throughout by written evidence of the highest character. The complainant, however, by way of equitable defence, alledges that in 1807 or 1808, and while the father of the defendant was owner of the certificate of purchase, issued by the state for these premises, the former, for a valuable consideration to him in hand paid, sold and conveyed by deed in fee with covenants of warranty, the same land to one William Mead of Chenango county. That on or about the 14th of March, 1808, Mead, for the…
2Cases cited1 opinion
- Tayloe v. RiggsSupreme Court of the United States · 1828
3Cited by7 opinions
- Cross v. AbySupreme Court of Florida · 1908
- Knapp v. PenfieldNew York Supreme Court · 1932
- Fries v. GriffinSupreme Court of Florida · 1895
- Capell v. FaganMontana Supreme Court · 1904
- Stewart v. StewartSupreme Court of Florida · 1883
2 more not listed; retrieve them via the Exa API.