Grant v. Duane
Court for the Trial of Impeachments and Correction of Errors
THE bill in this cause was originally filed in the court of chancery, by Maria Duane, William North and James C. Duane, as executors of the will of James Duane, Esq. deceased, and trustees named in his will, and by Solomon Baker, Benjamin Baker and IVathaniel Parker, on the 17th June, 1799. It stated that David Sham was seised of two tracts of land, the one originally granted to Thomas Mensies, the other, to John Watkins, each containing 2,000 acres ofland, situate in…
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THE bill in this cause was originally filed in the court of chancery, by Maria Duane, William North and James C. Duane, as executors of the will of James Duane, Esq. deceased, and trustees named in his will, and by Solomon Baker, Benjamin Baker and IVathaniel Parker, on the 17th June, 1799. It stated that David Sham was seised of two tracts of land, the one originally granted to Thomas Mensies, the other, to John Watkins, each containing 2,000 acres ofland, situate in Granville, in the county of Washington. Sham being indebted to James Grant, deceased, in 1801. mortgaged those lands to him,…
1Opinion of the Court
[Spencer, J.
The principle was settled, in this court, in a case respecting Livingston’s Manor, that an actual possession of *611tenants in different parts would draw to it the possession of the ' wild and unsettled part of the same patent.](a)
In Hales v. Hales,* a sleeping mortgage of 40 years was presumed to be paid. Where there is no other remedy for the debt but the land, there can be no redemption., The acknowledgment by a mortgagee to save the right of redemption, must be deliberate and explicit. A casual conversation between two persons is not sufficient.
Eight witnesses testify that the…
2Cited by13 opinions
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1879
- Mills v. United States Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Sinclair v. LearnedMichigan Supreme Court · 1883
- Buser v. ShepardIndiana Supreme Court · 1886
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