New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-24
COURT OF APPEALS
The FHmerS Loan and Trust Company, appellant,

COURT OF APPEALS
The FEmerS Loan and Trust Company, appellant, Ly
sander Curtis, respondent.
JEwETT, J.-1he following extract of an opin-
ion Of the Court Of Appeals in relation TO the title Of the
Farmers Loan and Trust Company lands IN the Holland
puIcbase may not be uuinterestDg to parties reading
and occupying lands in that district.
The ground Of defense mp BY the defendant IN
HE answer IA that the plant de never had the power or
authority to purchase and receive deed for the convey nee
Of the land IN question from the Holland Land Company
TO take hold convey the and Therefore II in tact
the plaintiffs made conveyance to the defendant OF the
premises Illegal fraudulent and void aud formed no
consideration whatever for the bond and mortgage Ithen
the plaintiffs bad authority by law, 70 take hold aud con
vey real estate BY deed In some form and under some ef
cumsan the deenses under this allegation IN the de-
PENDANTS fs 20 the uound for the that
does not show for what purposes the PLAINTIFFS took the
conveyance OF the premises question: and that hey were
Assuming that the plaintiff. under some although not
ized 10 aI and transfer real estate by deed rested with
the defendants show by allegation and proof that the
plaintiffs did not take transfer the title 20 the premises
in question for any purpose or IN the form authorized ey
law the absence OF such allegation and proof should
he intended that the aintf were exercising their lawful
power 10 taking and transferring the title TO the premises
by deed.
The plaintiffs Incorporated by act Of the Lessls-
ture passed the 2h day Of February ls under the
OF "The Rarmers' Fire Insurance and Loan Company"
with authority make loans the security Of bonds and
mortgages or conveyance of improved farms ke or any
other real estate &c aud TO take and hold any such proper
IT, either by mortgage fee conditional or fee supple
any otherwise and 10 be seized Of and to hold the
until such estates Oy property
sold converted into money ke 70 receive and take
real personal property payment tow nd Satisfaction
OF such debt previously contracted and due 70 become
due 20 the said oopoi aon and 10 hold the until the
whole or any part could be converted into money &c.
BY act passed April II, ls2 the Company ~ere aa
boized TO receive and by deed devise effects
and property both real and personal which might be et
conveyed TO them IN trust and to assume per- r and
execute any which had been which might be
ated OF declared BY any deed devise aforesaid and to
receive take posss and stand sezed Of and TO execute
any ard ali such in their corporate capacity
nfdu IN
any trustee trustees might or could lawfully do
By an act passed April So G6 the and style Of the
Corporation changed to that Of The Farmsr Loan
The refor IL Z clear that the plaintiffs for some purpoae
were authorized take hold aud convey real estate and
there ale gstion that they did not this
az they bad ~ the mode and manner contemplated by
the execution of the deed 10 the defendant by the plaintiffs
sss sufficient ration for the boud and mortgage
The udgnent OF the Court below should be- reversed and
the usual decree entered BY that Court for the foecoure
and sale Of the lands and for the payment of the deficiency
'' TIC 0' eopy' Ii r. sELDEN, State Reporter.
ALBANY, Tuesday. March p ls,3.
This Court commenced its March term at
the Capitol I'm. morning Present-Smef indie R1sIss
ard TsgguIt Motions were first beard Several motions
10 correct the { Alsndar were first disposed Of
No 22 CoDdict and another appellants, sgt Phillips
and others pOudents Motion By respondents TO dsm
the appeal Granted, by default b v Dunnns counsel
No As Lvingston respondent, AIT. Miller appellant
Molten by appellant for stay Of argument ant an amend
motion Henry Hogeboom, opposed.
No 81 Booth respondent AIT Sweeney and others, sp-
pellapts Submities. b. y DunnRg counsel.
No Wood respondent Agt Hubben and Others, appel
lants No HBbbell and others appellAntS agt Wood,
respondent ResrsEed together l. Fsrrsf for appellants
Daniel Wood. uspondeni in person
No Struck OF the Calendar on motion
No. l0l. Suuck OF under the rule
SUPREME COURT-sFEcAL TERA-Beiore Judge
Morris.
MASDANUs.
Application was made on behalf of John +.
RAYMOND for an alternative MsndAmus directed to rhso
dor Ftesp and Others Justices OF the Peace OF the town Of
Cssetop 10 why they refuse sld Raw
nopd he claiming 70 have been duly elected Justice Of
the Peace OF said town Ire haudAinns was granted
COMMISSIONERS JURY.
In the matter OF George Doughty, Of Fnshing, l. l., an
alleg d lunA,ic.
/ The question of lunAcy in this case, already
referred 10 brought up before the Commissioners and
prcfea with what termed spint rApPers and with ie
male processing % be "sprtuai medium putting ~
Nth a. indivdusl o; principal hotels sh0 pre-
tended to have with deceased S5othef
and deceased daughter MIR D. also, that be had beer
APPOINTED Postmaster General &C he gave 70 ms womsf
s5to noTtgsSng some property 70 do 80 aud also pA-
her O. OO TO rsise which be hypothccaied seutleS
pufchase from the incivcuAl she with what - AID Z
<. worths . patent for cooling iron with cOppeE Tn
medium il now AZ the West. After parting with money
for latter he appeared % become perfectly insane tie
now the lunare asylum a; boomlnseAe the SdPeiinten
Gent Of which stated that be sal persists N sAyng that D.
had communicates with his brother and that the wornAi
AEa nan are honest He requires all communications wit
HIM to be IN Sntns hs property Be having real e'tAs
r,s ab0ui $50 Geo. He has wife about IS tw
daughters 10 and H. son s. and EEAnasoD, bald Of de
/ ceased daughter.
be equally divided AnouE his wife and ehilTsn AL b
/ tranasen in the event Of NJ. DIS death.