 | New York (State). Supreme Court, John Lansing Wendell - 1846 - 718 pages
...grant of lands shall be absolutely void, if at the time of the delivery thereof such lands shall be in the actual possession of a person claiming under a title adverse to that of the grantor. A deed in violation of the fifth section above referred to would be void at common law, the Webb v.... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pages
...grant of land shall be absolutely void, if at the time of the delivery thereof such lands shall be in the actual possession of a person claiming under a title adverse to that of the grantor, the conveyance and contract was only void as to the person holding adversely, and not as between grantor... | |
 | John Willard - 1861 - 718 pages
...which declares void every grant of land, if, at the time of the delivery thereof, such lands shall be in the actual possession of a person claiming under a title adverse to that of the grantor. (1 RS 739, § 147.) But this provision does not prevent the person having a just title to lands, of... | |
 | New York (State). Commissioners of the Code - 1862 - 550 pages
...Every grant of real property is absolutely void, if at the time of the delivery thereof, such real property is in the actual possession of a person claiming under a title adverse to that of the grantor. But this section does not apply to grants by the state, nor to judicial sales. Mortgages of lands held... | |
 | New York (State). Commissioners of the Code - 1862 - 538 pages
...any breach of the condition of the lease, until he has had notice of the grant. § 415. Every grant of real property is absolutely void, if at the time of the delivery thereof, such real property is in the actual possession of a person claiming under a title adverse to that of the... | |
 | New York (State) - 1863 - 1036 pages
...grant of lands shall be absolutely void, if at the time of the delivery thereof, such lands shall be in the actual possession of a person claiming under a title adverse to that of the grantor. 1 HL, 173, § 8: 22 NY, 172; 26 B., 454; 20 B., 439; 17 B., 665; 15 B., 497; 2 B., 157; 4 II., 469;... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 pages
...maintained by a grantee of laud in the name of a grantor, when the grant or grants are void by reason of the actual possession of a person claiming under a title adverse to that of the grantor at the time of the delivery of the grant, and the plaintiff shall be allowed to prove the facts to... | |
 | John Townshend - 1864 - 320 pages
...maintained by a grantee of land in the name of a grantor, when the grant or grants are void by reason of the actual possession of a person claiming under a title adverse to that of the grantor at the time of the delivery of the grant, and the plaintiff shall be allowed to prove the facts to... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 790 pages
...REQUISITES THEREOF. 1. Of the Claim. A. There must be a Claim of Title. time of delivery, the lands are in actual possession of a person claiming under a title adverse to that of the grantor. 1 Kev. Slot., 739, § 147. 11. Under statutes of limitations. When the occupant, or those under whom... | |
 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pages
...state,1 or under a judicial sale, is * void, if at the time of the delivery thereof, such real projierty is in the actual possession of a person claiming under a title adverse to that of the grantor.* 1 Brady v. Begun, 36 Barb., 533 : Candee v. Haywood. 34 id.. 349; People v. Mayor, ic., of If. Y_ 8... | |
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A grant of real property is absolutely void, if at the time of the delivery thereof, such property is in the actual possession of a person claiming under a title adverse to that of the grantor... 
