Whiting v. Street

New York Supreme Court

Whiting v. Street

1 Ant. N.P. Cas. 276

DecidedMarch 15, 1825

StatusPublished

This text of 1 Ant. N.P. Cas. 276 (Whiting v. Street) 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

Whiting v. Street, 1 Ant. N.P. Cas. 276 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Betts, J.

Upon more mature consideration, I am of opinion that the plaintiff’s title commenced by relation on the 29th January, 1824, and consequently that he is entitled to the rent in controversy; the defendant’s payment to Brinckerhoff, being after notice, was in his own wrong. The chancellor has ruled the same way, under the statute, in relation to executions, that the purchaser, who receives a deed pursuant to the sheriff’s certificate, has a title in like manner by relation from the time of the sale.

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Betts, J.

Upon more mature consideration, I am of opinion that the plaintiff’s title commenced by relation on the 29th January, 1824, and consequently that he is entitled to the rent in controversy; the defendant’s payment to Brinckerhoff, being after notice, was in his own wrong. The chancellor has ruled the same way, under the statute, in relation to executions, that the purchaser, who receives a deed pursuant to the sheriff’s certificate, has a title in like manner by relation from the time of the sale.

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Bluebook (online)

1 Ant. N.P. Cas. 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiting-v-street-nysupct-1825.