Pell v. Ulmar
New York Supreme Court
APPEAL by the defendant, from a judgment entered upon the verdict of a jury. The action was brought to recover the possession of a lot of land situate in Williamsburgh; and judgment was entered for the plaintiff that he recover possession of the premises described in the complaint.
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APPEAL by the defendant, from a judgment entered upon the verdict of a jury. The action was brought to recover the possession of a lot of land situate in Williamsburgh; and judgment was entered for the plaintiff that he recover possession of the premises described in the complaint. Richard A. Cooke being seised of the premises mentioned in the complaint, on the 29th July, 1837, with his wife executed a mortgage thereon to the loan commissioners for the county of Kings, for $>1200. Subsequently, about the 7th of May, 1838, Cooke and wife conveyed the premises to James Pell, the plaintiff,…
1Opinion of the Court
By the Court, S. B. Strong, J.
I would gladly make a dis-. position of this cause favorably to the defendant if I could do so, consistently with the rules of law, for he has acted in good faith, and performed substantially what could be required from him. The fault which vitiates his defense was that of a public officer, in which he had no participation. If, however, he has any rights in the property in question they are of an equitable character, and cannot be enforced or sustained in the present action.
The premises in dispute were mortgaged by R. A. Cooke and his wife to the loan…
2Cited by8 opinions
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863
- Swedback v. OlsonSupreme Court of Minnesota · 1909
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