St. John v. Bumpstead
New York Supreme Court
This was an action of ejectment, tried before Justice Willard at the Saratoga circuit. John Jackson owned lot No. 12, and William Jackson lot No. 1, lying contiguously, each said to contain 100 acres. On the 25th of April, 1842, William conveyed to John four acres off the northwest corner of lot No. 1. This is the land in question. This deed was not recorded.
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This was an action of ejectment, tried before Justice Willard at the Saratoga circuit. John Jackson owned lot No. 12, and William Jackson lot No. 1, lying contiguously, each said to contain 100 acres. On the 25th of April, 1842, William conveyed to John four acres off the northwest corner of lot No. 1. This is the land in question. This deed was not recorded. On the 5th day of October, 1843, John conveyed the same to Samuel St. John, and the deed was recorded on the 10th of October, 1843 ; and on the 20th day of January, 1850, Samuel St. John conveyed the same to the plaintiff, and the deed…
1Opinion of the Court
By the Court, Hand, J.
If the mortgage included the land: in question, the grantor of the plaintiff, at the time of the sale, was the owner of the equity of redemption; and as he received no notice of the foreclosure, as to him and her it was a mere nullity. (Watson v. Spence, 20 Wend. 260. Van Slyke v. Shelden, 9 Barb. 278.) The defendant, however, being in possession and the assignee of the mortgage, cannot be dispossessed by ejectment. (Phyfe v. Riley, 15 Wend. 248. Van Duyne v. Thayre, 14 Id. 233.) In Watson v. Spence, (supra,) the defendant was neither mortgagee nor assignee of the…
2Cases cited6 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Watson & Polhemus v. SpenceNew York Supreme Court · 1838
- Levy v. GadsbySupreme Court of the United States · 1805
- Slyke v. SheldenNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cooke v. CooperOregon Supreme Court · 1889
- Morris v. . WardNew York Court of Appeals · 1867
- Munro v. MerchantNew York Supreme Court · 1858
- Smith v. GageNew York Supreme Court · 1863
- Porter v. McGrathThe Superior Court of New York City · 1870
1 more not listed; retrieve them via the Exa API.