Jackson ex dem. M'Naughton v. Loomis
New York Supreme Court
EJECTMENT to recover part of lot No. 50. in the second division of the Cambridge patent, tried at the Washington circuit, in 1819. The plaintiff gaye in evidence a mortgage, bearing date the 15th of August, 1810, executed by James Wells, to the lessor of the plaintiff, registered on the 21st of August, 1810, in which the premises were described as follows: “ All that certain piece or parcel of land, lying and being in the town of Cambridge, in the county of Washington, and…
Read the full summary
EJECTMENT to recover part of lot No. 50. in the second division of the Cambridge patent, tried at the Washington circuit, in 1819. The plaintiff gaye in evidence a mortgage, bearing date the 15th of August, 1810, executed by James Wells, to the lessor of the plaintiff, registered on the 21st of August, 1810, in which the premises were described as follows: “ All that certain piece or parcel of land, lying and being in the town of Cambridge, in the county of Washington, and state of New-Yorfc, being part of lot No. 51. of the second division of a patent granted to Isaac Sawyer and others, in…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The question is, whether the mis-description of the lot, in which the premises are situate, it being described as lot No. 51, when, in fact, it was lot No. 50, is fatal to the plaintiff’s mortgage ; or, in other words, whether the premises of which Wells was seised, and which he Undoubtedly intended to mortgage, passed to the lessor ? In Jackson v. Clark, (7 Johns. Rep. 223.) we had occasion to examine and decide upon the principles applicable to the descriptive parts of a deed. The opinion then expressed was this : “if there are certain…
2Cited by25 opinions
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
- Matheny v. AllenWest Virginia Supreme Court · 1908
- Gray v. StiverIndiana Supreme Court · 1865
- Doe ex dem. Arden v. ThompsonNew York Supreme Court · 1826
20 more not listed; retrieve them via the Exa API.