Volume 4 — New York Transcript Appeals (1867–1868)

This action was commenced by the Plaintiff as the assignee of William IL. Brown, since deceased, against R. & G. L. Schuyler, for a settlement of accounts. William Sawyer was also made a Defendant, as being the assignee of a bond and mortgage which were executed on the 11th day of June, 1851, by William H. Brown to the Schuylers, to secure the sum of $16,000, payable one year from date.

<p>Plank-roads — Twrnpikes—Powers of Inspectors.</p>

<p>Fraudulent Vendor — Bond fide purchaser.</p> <p>A boná fide purchaser for value from a fraudulent vendor acquires a good title.</p>

<p>United States Securities — Certificates of Indebtedness not exempt from local Taxes.</p> <p>Certificates of indebtedness, issued in pursuance of the Act of Congress of March 1, 1862, are not exempt from taxation by Slate or municipal authority.</p> <p>A Congressional declaration of exemption from taxation adds no force to that which is the subject of constitutional exemption. Whatever subject is constitutionally exempt from taxation, is so without legislative declaration, and a legislative declaration of exemption of subjects not constitutionally exenlpted, is of no validity.</p>

<p>United States Securities — Legal Tender Notes not exempt from Local Taxes.</p> <p>Legal tender notes, issued under the Act of Congress of Eebruary 25, 1862, are not exempt from State or municipal taxation.</p>

The action was brought to foreclose a mortgage executed by one Charles B. Howell, a brother of the Plaintiff, upon land which was after-wards purchased by the Defendant. This mortgage was made to one Grunnendike, who assigned it, with all his other property, to L. N. Bangs, Charles B. Howell (the mortgagor), and Isaac II. Jameson, in trust for the benefit of creditors.

This is an action to set aside a deed executed by Park Havi-land and his wife to Albert Haviland, dated June 14, 1848, and also a confirmatory deed executed by Park Haviland to the Defendant on the 13th day of December, 1851. The ground of the action is the alleged insanity of Park Haviland at the time ol executing the deeds referred to.

<p>Execution — Sheriff’s Liability for Non-return.</p> <p>A Sheriff neglecting to return an execution within the time required by law is prima facie liable for the amount called for on the execution. If he would avoid such liability in any degree he must show that the Defendant in execution had not sufficient personal property whereon to levy the same, or some evidence in mitigation of damage. Failing to do so, it is not error for the Judge to direct a verdict against him.</p>

<p>Foreclosure — Building Associations— Usury — Practice—Findings of Fact.</p> <p>This Court cannot go beyond the findings of the Special Term to determine whether the conclusions of law are erroneous. If a party desires to present questions of fact, he must present them through the proper findings of the Judge, referee, or jury.</p>

<p>Contract for Sale of Beal Estate — Voidable—Election of Vendor.</p> <p>Where, by the terms of the contract of purchase of real estate, if the vendee fails to make payments at the time they become due, the contract is to be void; and the vendee failing to make his payments, the vendor signifies his election to treat the contract as void by bringing ejectment and recovering' possession of the premises, the contract is thereby avoided, and the title of the vendee under said contract ceases.</p>

<p>Lease — Assignment—Covenant to pay Rent.</p> <p>The assignment of a lease to a third party, after a portion of the rent thereon has become due, does not discharge the lessee from his covenant to pay rent due to the lessor.</p>

<p>Brokers — State Toko on Sales — Statute 0/I8G6 — Construction.</p>