Jackson ex. dem. Merrit v. Bowen
New York Supreme Court
Ejectment, for 130 -acres of land in Homer, Cortland county; tried at the .circuit in that-.co.unty, December 19 th, *1825, before Throop, 0. Judge; when the case made out was as follows: The title to the' premises was in Solomon Noble, on the 17th of November, 1817. On the 13th of May, 1818, a judgment was perfected and docketed against him, in the Cortland 0. P., for $610, in favor of Dickson and Keep, on which a fi. fa. issued for the $610, endorsed for $262,64. A deed…
Read the full summary
Ejectment, for 130 -acres of land in Homer, Cortland county; tried at the .circuit in that-.co.unty, December 19 th, *1825, before Throop, 0. Judge; when the case made out was as follows: The title to the' premises was in Solomon Noble, on the 17th of November, 1817. On the 13th of May, 1818, a judgment was perfected and docketed against him, in the Cortland 0. P., for $610, in favor of Dickson and Keep, on which a fi. fa. issued for the $610, endorsed for $262,64. A deed was executed by the sheriff of Cortland, to the lessor of the plaintiff for the premises in question, dated April 29th,…
1Opinion of the Court
Curia, per Woodworth, J.
There are several questions arising in this cause, which I think unnecessary to consider, inasmuch as a decision upon them, either way, would not vary the conclusion at which I have arrived. I will first examine the objections taken to the defence. The mortgage was prior to the judgment; it was to secure $750, according to the condition of a bond executed to the mortgagees. The bond produced was executed to the mortgagees. ' The reference in the mortgage is not of a bond to them solely; and the addition of two other names is not, therefore, contradictory. The mortgage…
2Cases cited4 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Hubbard v. RicartSupreme Court of Vermont · 1831
- Jackson ex dem. Minkler v. MinklerNew York Supreme Court · 1813
- Tallmadge v. RichmondNew York Supreme Court · 1812
3Cited by49 opinions
- Robinson v. . RyanNew York Court of Appeals · 1862
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Blankman v. VallejoCalifornia Supreme Court · 1860
- Cooke v. CooperOregon Supreme Court · 1889
- Horn v. Indianapolis National BankIndiana Supreme Court · 1890
44 more not listed; retrieve them via the Exa API.