Cramer v. Benton
New York Supreme Court
ACTION of ejectment. On the 20th day of November, 1846, the defendant John W. Benton, and Lewis J. Benton, his brother, who were heirs at law of Roger Benton, the former owner of a certain farm situate in the town of Arcadia, in the county of Wayne, entered into a mutual partition and division of said farm, between them, Lewis J. taking what was termed the mill property, and the defendant, John W., taking that portion of the premises called the farm.
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ACTION of ejectment. On the 20th day of November, 1846, the defendant John W. Benton, and Lewis J. Benton, his brother, who were heirs at law of Roger Benton, the former owner of a certain farm situate in the town of Arcadia, in the county of Wayne, entered into a mutual partition and division of said farm, between them, Lewis J. taking what was termed the mill property, and the defendant, John W., taking that portion of the premises called the farm. The division line being a line run and surveyed out under their direction, and fixed by monuments, on the 22d of October, 1846. The defendant,…
1Opinion of the Court
By the Court, Talcott, J.
This is an action of ejectment. The premises in question were quitclaimed by the defendant to Lewis J. Benton, in Hovember 1846. Lewis J. conveyed to Austin B. Howland, in Hovember 1847. Howland conveyed to Abel T. Blackmar, in April 1850, *224and Blackmar to the plaintiff, in March 1861. Blackmar’s deed contains the usual covenant for quiet enjoyment and of general warranty. Whether the intermediate deeds contain such, or- any, covenants does not appear. The suit was commenced in July 1869. The deed of the defendant to Lewis J. Benton was one of the deeds whereby a…
2Cases cited2 opinions
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Stiles v. Jackson, ex dem. WoodNew York Supreme Court · 1828
3Cited by6 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Hart v. BlabeyNew York Court of Appeals · 1942
- Steadham v. CobbSupreme Court of Georgia · 1938
- Cramer v. BentonNew York Supreme Court · 1873
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