Sandford v. . Travers
New York Court of Appeals
This is an action to foreclose a mortgage given for the purchase price of the premises described therein. It is defended on the ground that a portion of the land conveyed was occupied under a tax lease from the mayor, aldermen and commonalty of the city of New York. Defendants also sought to counter claim damages sustained by them in consequence of a breach of covenants on the part of plaintiff.
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This is an action to foreclose a mortgage given for the purchase price of the premises described therein. It is defended on the ground that a portion of the land conveyed was occupied under a tax lease from the mayor, aldermen and commonalty of the city of New York. Defendants also sought to counter claim damages sustained by them in consequence of a breach of covenants on the part of plaintiff. January 5th, 1854, G. S. and J. Mott, conveyed, by deed to the late Edward Sandford, sixteeen city lots between 52d and 53d streets, on 8th and 9th avenues, in the city of New York, four hundred feet…
1Opinion of the CourtHurray, J.
The deed of the defendant, Hester Ann Travers, is not void, under section 147 of 1 E. S, page 739, for the reason there is no evidence in the case, showing that, at the time such conveyance was delivered, the lots, or any part thereof, were in the actual possession of any person claiming*’ under a title adverse to that of the grantors.
The lease from the mayor, aldermen, and commonalty of the city of Hew York, under which Dusenbury claimed to hold ten of the lots, bears date June 6th, 1850. The deed, through which the plaintiffs’ testator obtained title, bears date January 5th, 1854, nearly…
2Cases cited1 opinion
- Tone v. BraceNew York Court of Chancery · 1845
3Cited by3 opinions
- Wheeler v. . State of New YorkNew York Court of Appeals · 1907
- Barry v. GuildIllinois Supreme Court · 1888
- Price v. AlyeaAppellate Division of the Supreme Court of the State of New York · 1897