Jackson ex dem. Bonnel v. Foster

12 Johns. 488 | N.Y. Sup. Ct. | 1815

Per Curiam.

The plaintiff cannot recover finder the demise from Bonnel; for the defendant having his release, he is estopped from claiming any title. .(10 Johns. Rep. 166. 9 Johns. Rep. 55.) Can Goody cor recover, '1st, in consequence of the lease from Bonnel to the defendant, on the 13th oí September, 1808 ; and,, 2d, on the ground of a deed from Bonnel, the patentee,... prior, to the, defendant’s' deed? The defendant’s "lease from Bonnel ’does not luvnisli to Goodyear a right to recover., Parol evidence cannot-bé admittéd ;-to Show that .a lease, reserving a-rent to Bonnel^. and .which purports to be ", for his sole use,- was meant, and. -intended to be, for the benefit of another" person-, This is• explaining away a deed, "and contradicting it, in' the most essential manner, contrary to every principle of law. If this be so, then the' powers of attorney, whether'well ¡proved or not,- become ' immaterial. This leads to the second .ground t The evidence "of adverse possession, «'when Bonnel conveyed to' Goodyear, h as strong' in‘this .case" as in. ,the ease of Jackson v. Wheeler, (10 Johns. Rep. 164.,) where'we held, that this very deed was inoperative. The only difference is this : •in that case, Thornh&á' conveyed' to Edward Wheeler hy -deed'; here, ..his ;power - to Gjover, 'which was on record,'.'recited his seisin,-in fee, and he covenanted to convey by warranty deed, 'arid, had -been -paid the consideration- jnoney, ' The •defend'ant’fi possession is not the less adverse from his not having a deed in his pocket; he was entitled to a deed, and held adversely to every one.

Judgment for the defendant. ^(a)

(a) Vide, Jackson, ex dem. Bonnel, v. Sharp, (9 Johns. Rep. 163.) and Jackson, ex dem. Bonnel, v. Wheeler, (10 Johns. Rep. 164.) S. C.