Jackson ex dem. Simmons v. Chase
New York Supreme Court
This was an action of ejectment, to recover land in Westfield, in the county of Washington. The cause was tried on the 16th of June, 1806, at the circuit, held in that county, before Mr. Chief Justice Kent.
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This was an action of ejectment, to recover land in Westfield, in the county of Washington. The cause was tried on the 16th of June, 1806, at the circuit, held in that county, before Mr. Chief Justice Kent. The plaintiff gave in evidence a deed from William Harris to Osgood and Lewis, two of the lessors of the plaintiff, for the premises in question, dated the 15th of June,'1797, a release from Lewis to Osgood, dated the 22d of February, 1804, and a deed from Osgood to Simmons, the other lessor of the plaintiff,- dated the 18th of March, 1804. The possession of the defendant, as to ten acres,…
1Opinion of the CourtTompkins, J.
Admitting that Chase had an equitable interest, still that interest cannot prevail at law against the legal estate. If it appear that the legal right exists in the lessors of the plaintiff, the first and second objections wholly fail. The giving up and cancelling the deed and mortgage between Harris and Stow, either made those deeds perfect nullities, or vested the title again in Harris. If the latter be the case, then the plaintiffs, having deduced a title from Harris, are entitled to recover. If, on the contrary, such re-delivery did not devest the property which had passed by the deed and…
2Cited by33 opinions
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- The People v. . BostwickNew York Court of Appeals · 1865
- Parker v. KaneWisconsin Supreme Court · 1856
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