1 Wend. 341 | N.Y. Sup. Ct. | 1828
By the Court,
The defendant, on the 24th January, 1801, conveyed the premises in question by a warrantee deed, to Benjamin Bowen. By that conveyance, all the right and title which the defendant then had in the premises, passed to his grantee; and even any title subsequently acquired, would have enured to his benefit. Although the defendant remained in possession after the conveyance, it was not as owner, but as tenant to his grantee, and nothing but a clear unequivocal and notorious disclaimer of the title of his landlord, could render his possession, however long continued, adverse. So far from there having been any such disclaimer, until about the time of the commencement of this suit, it appears affirmatively in the case, that the premises have, ever since the conveyance, been known in the neighborhood, as “ Bowen’s mill seal;” that they have been uniformly assessed as the properly of Bowen, and the assessor who testified to these facts, was strongly of opinion, that the defendant in giving in a list of bis property, had excepted the premises in question, and said the)' must be assessed to Bowen. There is not the slightest pretence, therefore, of an adverse possession. All the right, title and interest of Benjamin Bowen to and in the premises in question, was transferred to the lessors of the plaintiff by the sheriff’s deed of May 24th, 1817. The judgment and execution in pursuance of which the sale took place and the deed was given, were regularly proved ; and the only remaining question is, whether, under the circumstances of the case, the defendant
The cases are all collected and considered in Jackson v. Aldrich.
Judgment for plaintiff.