Jackson ex dem. Hill v. Streeter
New York Supreme Court
Ejectment, tried at the Onondaga, circuit, Sept. 1825, to recover the possession of an equal undivided half part of 68 acres of land, m the south east corner of lot No. 74.-in Camillus. ' • The plaintiff proved a deed in for the premises in question, dated September 28th, 1798, from Josiah Buck to John Streeter ; a quit claim deed in fee from Amasa Spalding, junior, and Sarah, his wife, dated 21st January, 1819, of all their right to the premises in question, to Joseph…
Read the full summary
Ejectment, tried at the Onondaga, circuit, Sept. 1825, to recover the possession of an equal undivided half part of 68 acres of land, m the south east corner of lot No. 74.-in Camillus. ' • The plaintiff proved a deed in for the premises in question, dated September 28th, 1798, from Josiah Buck to John Streeter ; a quit claim deed in fee from Amasa Spalding, junior, and Sarah, his wife, dated 21st January, 1819, of all their right to the premises in question, to Joseph Street-er ; that John Streeter died, seised of the premises in question, 19 or 20 years before the trial, leaving Joseph…
1Opinion of the Court
Curia, per Sutherland, J.
A competent authority to make the sale appears, if it was, in fact, made under the judgment and execution. That it was made, the evidence leaves no doubt. In Jackson v. Pratt, (10 John. 381,) the execution was for £66-14-3 ; and in the sheriff’s deed it was recited as an execution for £66-14-3, debt, and £1-14, costs. The court say “ the recital was no necessary part of the deed, and a variance would not be material, nor affect the validity of the sale, so long as there was existing a sufficient power to warrant the sale.” (3 Ch. Cas. 101, per Holt, Ch. J. 18 John.…
2Cases cited3 opinions
- Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813
- Jackson ex dem. Randall v. DavisNew York Supreme Court · 1820
- Tallmadge v. RichmondNew York Supreme Court · 1812
3Cited by3 opinions
- Cooley v. BraytonSupreme Court of Iowa · 1864
- Ritter v. ScannellCalifornia Supreme Court · 1858
- Johnson v. CrispellMichigan Supreme Court · 1878