Smith v. McGowan
New York Supreme Court
This was an action of ejectment, tried at the Saratoga circuit, in May, 1846. The action was for the recovery of certain premises to which the plaintiff claimed title as the purchaser thereof at a sheriff’s sale under an execution issued upon a judgment in the supreme court, recovered by Peter Yan Ness against Isaac E. Guernsey and -Lewis Smith, the plaintiff in this suit.
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This was an action of ejectment, tried at the Saratoga circuit, in May, 1846. The action was for the recovery of certain premises to which the plaintiff claimed title as the purchaser thereof at a sheriff’s sale under an execution issued upon a judgment in the supreme court, recovered by Peter Yan Ness against Isaac E. Guernsey and -Lewis Smith, the plaintiff in this suit. The plaintiff showed the title to the premises to have been in Guernsey at the time of the sale upon the execution, by virtue of a lease in fee executed by the owners, in 1840, to another person, and an assignment from him…
1Opinion of the CourtWillard, J.
The plaintiff claimed under a sheriff’s sale, by virtue of an execution and judgment in which Isaac E. Guernsey was a defendant. He proved a lease in fee executed by James Jones and Samuel Irish, jr. dated January 9, 1840, and an assignment endorsed thereon, dated 11th of July, 1840, to Isaac E. Guernsey, covering the premises in question. There was no objection to the validity of the lease, or the form of execution by Jones and Irish. The title, therefore, had passed *406from them. The assignment was objected to by the defendant’s counsel, when it was offered in evidence, on the ground that it…
2Cases cited5 opinions
- Jackson v. OsbornNew York Supreme Court · 1829
- Jackson ex dem. Ten Eyck v. WalkerNew York Supreme Court · 1830
- Ames v. WebbersNew York Supreme Court · 1832
- Bank of Salina v. AbbotNew York Supreme Court · 1846
- Jackson, ex rel. Gould v. GouldNew York Supreme Court · 1831
3Cited by12 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- McCormick v. FitzmorrisSupreme Court of Missouri · 1866
- Shroeder v. WebsterSupreme Court of Iowa · 1893
- Yeager v. MusgraveWest Virginia Supreme Court · 1886
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