Jackson ex dem. Gilbert v. Burgott
New York Supreme Court
THIS was an action of ejectment for lot No. 78. in the town of Virgil, in Cortlandt county. It was tried at the Ctirtlandt circuit, before Mr. Justice Spencer, the 18th of June, 1813. 9 . . . Both parties claimed to derive title from Ananias Conkling.
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THIS was an action of ejectment for lot No. 78. in the town of Virgil, in Cortlandt county. It was tried at the Ctirtlandt circuit, before Mr. Justice Spencer, the 18th of June, 1813. 9 . . . Both parties claimed to derive title from Ananias Conkling. The plaintiff gave in evidence a deed of bargain and sale dated the 2d May, 1796, from Ananias Conkling to James Irwin, for 500 acres of lot No. 78. in Virgil, for the consideration of 48GZ. ® The deed contained full covenants and a warranty, and was recorded the 2d March, 1812; also a release from Irwin to Ezekiel Gilbert, the lessor, dated…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the hourh The points ■submitted to the court, on the part of the defendant, in opposition to the plaintiff’s claim of title are,
1. That the deed first registered must, at all events, prevail against an unregistered deed; the statute having declared the latter, as against the former, fraudulent and void.
2. That the defendant was a bona fide purchaser without notice.
3. That if he had notice, the lessor of the plaintiff cannot avail himself of that fact, in a court of law.
■ Neither of these objections appear to be well founded-
*4661. The facts in the case…
2Cited by26 opinions
- Gross v. WattsSupreme Court of Missouri · 1907
- Fort v. BurchNew York Supreme Court · 1849
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
- McKay v. WilliamsMichigan Supreme Court · 1887
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