Jackson ex dem. Watson v. McKenny
New York Supreme Court
This was an action of ejectment, tried at the New-York circuit, before the Hon. William A. Duer, one of the cir- .. ■ , CUlt judges.
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This was an action of ejectment, tried at the New-York circuit, before the Hon. William A. Duer, one of the cir- .. ■ , CUlt judges. Tlie lessor of the plaintiff, Sarah Watson, by a deed of bargain and sale bearing date 9th January, 1809, for the consideration of $1000 expressed in the deed, granted to her sons John C. Watson and Joshua Watson, in fee a house and Jot in Harrison street, in the city of New-York; and on the same day an instrument in writing, under seal, was by Sarah Watson and by John C. Watson, one of the grantees, reciting the deed and the intention of the parties that the…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff’s right to recover depends entirely on the validity and effect of the defeasance of the 9th January, 1809, from John C. Watson to her. If that was a legal and valid instrument, she had a life estate in a moiety of the premises, and was entitled to recover accordingly. It is contended, on the part of the defendant, that this instrument cannot operate as a bargain and sale, for want of a pecuniary consideration; (16 Johns. R. 515; 1 Cowen, 639; 3 Johns. R. 484; 16 Johns. R. 47;) and that if it can operate at all, it must be as a covenant to stand seised…
2Cases cited1 opinion
- Jackson ex dem. Trowbridge v. DunsbaghNew York Supreme Court · 1799
3Cited by35 opinions
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- Mott v. . RichtmyerNew York Court of Appeals · 1874
- Sutton v. BeckwithMichigan Supreme Court · 1888
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