Jackson ex dem. New Loan Officers v. Bull
New York Supreme Court
This was an action of ejectment for lands in the county of Rensselaer. On the trial of the cause at the last Rensselaer circuit, it was admitted on the part of the defendant, that A. Francisco was seised of the premises in question, consisting of a tract of 160 acres of land, and on the £5th July, 1793, he executed a mortgage of them to the new loan officers of that- county, who are lessors of the plaintiff; that Francisco, on the 1st day of November, 1793, conveyed the same…
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This was an action of ejectment for lands in the county of Rensselaer. On the trial of the cause at the last Rensselaer circuit, it was admitted on the part of the defendant, that A. Francisco was seised of the premises in question, consisting of a tract of 160 acres of land, and on the £5th July, 1793, he executed a mortgage of them to the new loan officers of that- county, who are lessors of the plaintiff; that Francisco, on the 1st day of November, 1793, conveyed the same to Elijah Rawson in fee; that Elijah Rawson, by will, bearing date the 33d day of October, 1793, devised the same to…
1Opinion of the Court
[*83] *Lewis, J.
The loan officers, are trustees for the people df the state, and although their authority to’ sell be coupled with an interest, yet, as it is not a.beneficial one, a purchaser does not take under them,, but under the power created by the statute and the. mortgage.deed. He will not,. perhaps, take by relation from the creation of the power, but cértainly from the time of executing the power. What, in the.present case, was.the. act executing the power? Was it. the sdlehy the loan officers, or their execution of the deed of' *95conveyance? I am of opinion that it was the former, and…
2Cited by20 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Frost v. BeekmanNew York Court of Chancery · 1814
- Stevens v. StevensNew York Supreme Court · 1819
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Heath v. RossNew York Supreme Court · 1815
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