Jackson ex dem. Heet v. Bush

New York Supreme Court

Jackson ex dem. Heet v. Bush

3 Johns. 512

DecidedNovember 15, 1808

StatusPublished

This text of 3 Johns. 512 (Jackson ex dem. Heet v. Bush) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson ex dem. Heet v. Bush, 3 Johns. 512 (N.Y. Super. Ct. 1808).

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Opinion

Per Curiam.

The defendant is entitled to compensation for his improvements, as he brings his case within the 2d section of the act of the 5th April, 1803. The act of the 7th April, 1806, granting the lot to one of the lessors of .the plaintiff, does not interfere with the provision in the act of 1808. It only vests the lot in Heet, as fully as if he had been the lawful heir of Blue ; and assuming him to be such heir, he is, nevertheless, bound by the former act, to pay for the improvements. The two acts can have full operation, without impairing the provisions of either.

Judgment for the plaintiff.

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Per Curiam.

The defendant is entitled to compensation for his improvements, as he brings his case within the 2d section of the act of the 5th April, 1803. The act of the 7th April, 1806, granting the lot to one of the lessors of .the plaintiff, does not interfere with the provision in the act of 1808. It only vests the lot in Heet, as fully as if he had been the lawful heir of Blue ; and assuming him to be such heir, he is, nevertheless, bound by the former act, to pay for the improvements. The two acts can have full operation, without impairing the provisions of either.

Judgment for the plaintiff.

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Bluebook (online)

3 Johns. 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-heet-v-bush-nysupct-1808.