Jackson ex dem. Brayton & Dunham v. Burchin
New York Supreme Court
THIS was an action of ejectement for lot No. 37., in the town of Manlius, in the county of Onondaga, which was tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1 ° 1816. The plaintiff gave in evidence letters patent, dated the 8th oi Jutyi 1790, by which the lot in question was granted to Thomas Featherly, for his services in the revolutionary war, and he, by deed dated the 16th of April, 1785, and acknowledged, first before a judge of the common pleas of…
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THIS was an action of ejectement for lot No. 37., in the town of Manlius, in the county of Onondaga, which was tried before Mr. Justice Yates, at the Onondaga circuit, in June, 1 ° 1816. The plaintiff gave in evidence letters patent, dated the 8th oi Jutyi 1790, by which the lot in question was granted to Thomas Featherly, for his services in the revolutionary war, and he, by deed dated the 16th of April, 1785, and acknowledged, first before a judge of the common pleas of the county of Herkimer, and, afterwards, before a judge of the common pleas of the county of Onondaga, for the…
1Opinion of the CourtSpencer, J.
The defendant’s counsel have stated, on the case, several points, which, they insist, must prevent the plaintiff’s recovery:
1. That the execution of the second deed was an act of maintenance in Featherly, unless the first deed had been previously avoided.
2. That no one but the infant himself, or his representatives, privies in Mood, can avoid a conveyance made by an infant.
*1263. That the judge overruled legal evidence of affirmance of t-h® first deed by Featherly, after he came of age.
4. That the lessors of the plaintiff had notice of the deed to Newkirk, before their deed was consummated, which…
2Cited by25 opinions
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- Law v. LongIndiana Supreme Court · 1873
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- Peterson v. LaikSupreme Court of Missouri · 1857
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