Jackson ex dem. Benson v. Matsdorf
New York Supreme Court
THIS was an action of ejectment for a farm in Pamlings, in . _ r the county of Dutchess. i he cause was tried at the Dutchess circuit in September, 1812, before Mr. Justice Yates.
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THIS was an action of ejectment for a farm in Pamlings, in . _ r the county of Dutchess. i he cause was tried at the Dutchess circuit in September, 1812, before Mr. Justice Yates. At the trial, the plaintiff read in evidence a deed, dated the 7 r e 7 8th December, 1764, from Matthias Marsh and William Marsh to Benjamin Benson, for the premises in question, for the considerationof 112 pounds, with the usual covenants, and warranty; a deed, dated 9th June, 1766, from Benjamin Benson to Keziah Benson, expressed to be for for the consideration of 112 pounds received from Ambrose Benson; also a…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. It is a well settled ru]^ of law, that if A. buys land and takes a conveyance in the name of B., it is a resulting trust for him who paid the purchase-mopey, raised by implication of law, and, therefore, not within the statute of frauds. The defendants in this case claim under Ambrose Benson, who, it is admitted, paid the consideration money; but the deed of the 9th of June, 1766, was taken in the name of his daughter Keziak, under whom the lessor of the plaintiff claims, by deed, dated November 3, 1786.
It is a question which has often been…
2Cited by18 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- McClintock v. LoisseauWest Virginia Supreme Court · 1888
- M'Cleskey v. LeadbetterSupreme Court of Georgia · 1846
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