Jackson ex dem. v. Florence
New York Supreme Court
THIS was an action of ejectment, for a lot of land in the town of Middlesex, in the county of Ontario. The cause was tried before Mr. Chief Justice Thompson, at the Ontario circuit, in June, 1818, when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a case tobe made.
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THIS was an action of ejectment, for a lot of land in the town of Middlesex, in the county of Ontario. The cause was tried before Mr. Chief Justice Thompson, at the Ontario circuit, in June, 1818, when a verdict was taken for the plaintiff, subject to the opinion of the Court, on a case tobe made. The lessor of the plaintiff, who was a blind and infirm old man, about the age of sixty-five years or upwards, by indenture of bargain and sale, bearing date the 14th of November, 1809, conveyed the premises in question to the defendant, and his heirs. The consideration on which the deed was…
1Opinion of the CourtSpencer, J.
The objection taken to the deed under which the defendant claims to retain possession of the premises, is, that it was without consideration of any kind. That a deed of lands will be inoperative, if there be no consideration to uphold it, can admit of no doubt That point was fully discussed in this Court, in Jackson v. Alexander. (3 Johns. Rep. 484.) In the present case, there is no pretence of consideration, other than such as is expressed in the deed ; and we are of opinion, that the deed itself furnishes no evidence of consideration. Taking the whole deed together, the inference is…
2Cited by9 opinions
- Grove v. HodgesSupreme Court of Pennsylvania · 1867
- Jackson ex rel. Howell v. DelanceyNew York Supreme Court · 1825
- Turner v. HowardAppellate Division of the Supreme Court of the State of New York · 1896
- Close v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1884
- Coykendall v. KelloggNorth Dakota Supreme Court · 1924
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