Jackson ex dem. Fonda & Ogden v. Teele
New York Supreme Court
THIS was an ejectment for part of lot No. 78. in Manlius in the county of Onondaga. The cause was tried before the Chief Justice, at the Onondaga circuit, the 12 th 0f September, 1808. The plaintiff gave in evidence an award, of the Onondaga commissioners, dated the 11th of December, 1798, in favour of Ogden, one of the lessors.
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THIS was an ejectment for part of lot No. 78. in Manlius in the county of Onondaga. The cause was tried before the Chief Justice, at the Onondaga circuit, the 12 th 0f September, 1808. The plaintiff gave in evidence an award, of the Onondaga commissioners, dated the 11th of December, 1798, in favour of Ogden, one of the lessors. A dissent to this award, in behalf of John Taylor, was entered on the 11th of November, 1800. The plaintiff also gave in evidence, a deed from Ogden to Fonda, the other lessor, dated the 19th of December, 1806. The defendant proved, that he was in possession of the…
1Opinion of the Court
[Kent, Ch. J.
An award in favour of the grantor must enure to the benefit of the grantee.]
Again, Teele entered, in 1793, without claim or right. To whom then did his possession enure ? To the right owner ; that is, to Ogden, from whom Teele derives his title. So there is a conjunction of possession and right. A possession, not originally adverse, may become so, by a subsequent purchase.*
If a man makes a lease of land which is not his, and he afterwards purchase it; the lease will bind him, and he is estopped to say the land was not his.† Ogden can*31not set up any claim, under the award, against…
Also in this document: Per curiam.
2Cited by1 opinion
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