Jackson ex dem. Griswold v. Bard
New York Supreme Court
THIS was an action of ejectment for land in Philips-town, .in the county of Dutchess. The cause was tried at the Dutchess circuit, before Mr. Justice Van Ness, in September, 1808. The plaintiff gave in evidence a mortgage from Samuel Dickenson to Roger Barton, dated the 8th March, 1779, for 160 acres of land, including the premises in question, being one quarter of an acre, made to secure the payment of 865 dollars, in two years.
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THIS was an action of ejectment for land in Philips-town, .in the county of Dutchess. The cause was tried at the Dutchess circuit, before Mr. Justice Van Ness, in September, 1808. The plaintiff gave in evidence a mortgage from Samuel Dickenson to Roger Barton, dated the 8th March, 1779, for 160 acres of land, including the premises in question, being one quarter of an acre, made to secure the payment of 865 dollars, in two years. R. Barton, the mortgagee, was offered as a witness on the part of the plaintiff, and was objected to, on the ground of his having conveyed the premises ; but it…
1Opinion of the CourtThompson, J.
I shall briefly examine the several questions raised on the argument, in the order in which they were made.
1. The possession of Smith could not be considered adverse to Barton, so as to prevent the operation of the mortgage under which the lessors of the plaintiff make title, The agreement between Barton, and Dickenson and Harris, for the purchase of the 160 acres, of which the premises are a part, was made about ten months prior to the date of the mortgage, which would bring it to some time in the latter part of the spring of the year 1798. Smith, it appears, went into possession of the…
2Cases cited1 opinion
- Ward v. SackriderNew York Supreme Court · 1805
3Cited by66 opinions
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- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Harrington v. SladeNew York Supreme Court · 1856
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