Jackson ex dem. Bristol v. Elston
New York Supreme Court
. THIS was an,action Gíéjiectmeniíor lot Hot 93, iff the town»' */.■■■■ ■ ' . # . . , ship of Gcsio, formerly Brutus.^. tided' at the, Cayuga' circuit,., in last, before'Mr. Justice . Hare-.JV'éss,-when a. verdict was for the plaintiff, subject to. the opinion of the court on the' following ease: Letters patent for the lot in question were issued: to %mo:s,Hagg.ertyi a- soldier,, in the line of this .state, dated the 19tli of' February, 17,91. ■ The marriage Und death of…
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. THIS was an,action Gíéjiectmeniíor lot Hot 93, iff the town»' */.■■■■ ■ ' . # . . , ship of Gcsio, formerly Brutus.^. tided' at the, Cayuga' circuit,., in last, before'Mr. Justice . Hare-.JV'éss,-when a. verdict was for the plaintiff, subject to. the opinion of the court on the' following ease: Letters patent for the lot in question were issued: to %mo:s,Hagg.ertyi a- soldier,, in the line of this .state, dated the 19tli of' February, 17,91. ■ The marriage Und death of JWaggej'ty Were proved, and that Julia, Ami Williams'was his only surviving child by that marriage,. The plaintiff also…
1Per curiam
The title of the. Bristols, two of the lessors 6% the plaintiff, cannot be affected by the two deeds, previously executed to Jehiel Day, for the same premises, because neither of those deeds were recorded; .and it does not appear that the Bristols purchased,, with notice, or knowledge of those prior, *454deeds to Day ; and explicit proof of such notice, or knowledge,. is indispensable to supply the defect of a prior registry. Without such evidence-, the deed first registered must'prevail against a previous unregistered deed, or the statute, requiring the registry of those deeds, would be…
2Cases cited1 opinion
- Jackson ex dem. Putnam v. BowenNew York Supreme Court · 1803
3Cited by8 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- Sands v. . HughesNew York Court of Appeals · 1873
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Proprietors of Kennebec Purchase v. LaboreeSupreme Judicial Court of Maine · 1823
- Chalmers v. WrightThe Superior Court of New York City · 1866
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