Casey v. Buttolph
New York Supreme Court
This was an action of ejectment for the east moiety of a lot of land in Warren county. Isaac Buttolph purchased the whole lot of John K. Beekman, 24th September, 1813, and lived upon it till he died, intestate, in November, 1834, leaving a widow, who died in the spring of 1850. On the 16th of March, 1832, Isaac Buttolph and wife conveyed in fee, the west half to his son Bethel, the defendant, to take effect on the death of Isaac.
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This was an action of ejectment for the east moiety of a lot of land in Warren county. Isaac Buttolph purchased the whole lot of John K. Beekman, 24th September, 1813, and lived upon it till he died, intestate, in November, 1834, leaving a widow, who died in the spring of 1850. On the 16th of March, 1832, Isaac Buttolph and wife conveyed in fee, the west half to his son Bethel, the defendant, to take effect on the death of Isaac. On the 20th June, 1834, he conveyed the east half to his son Elijah Buttolph, 2d, possession also to be given on the death of Isaac. Elijah Buttolph married Betsey,…
1Opinion of the CourtHand, J.
The plaintiff, Mrs. Casey, claims as the mother of the deceased child and only heir of Elijah Buttolph. (1 R. S. 752, § 6. 4 Kent, 398.) There is no evidence that the child was ever seised; nor is that now necessary. (1 R. 8. 751, § 1. And see 2 Id. 295, § 15.) The deeds to the sons, Bethel and Elijah, postponed the right to the possession until the death of their father, the grantor. It seems, such a deed is valid, under our statute. (1 R. S. 724, §§ 24, 10. Gott v. Gott, 7 Paige, 534. And see Jackson v. McKenny, 3 Wend. 233; Tooley v. Dibble, 2 Hill, 641; Goodell v. Pierce, Id. 659.) If the…
2Cases cited6 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Rogers v. RogersNew York Court of Chancery · 1828
- Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
- Jenkins v. Van SchaackNew York Court of Chancery · 1831
- Lansing v. PineNew York Court of Chancery · 1834
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cooke v. CooperOregon Supreme Court · 1889
- Colson v. Baker, New York County Courts1904
- Trimmier v. ViseSupreme Court of South Carolina · 1882
- Sherow v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1897