Degrauw v. Warner
New York Supreme Court
Appeal from circuit court, Queens county. Action by Aaron A. Degrauw against Samuel A. Warner for trespass on land. Judgment was entered on a verdict in favor of plaintiff for six cents damages, rendered pursuant to the direction of the court, and defendant appeals. Reversed.
1Opinion of the CourtPratt, J.
The conveyance to defendant includes the locus in quo, and so do several of the instruments executed at the time with intent to vest the title in him. The conveyance from plaintiff to defendant’s immediate grantor, executed and delivered at the same time, is defective by the omission of one or more courses, and the description is therefore imperfect. But, as plaintiff had knowledge of all the conveyances, and of their object, was present when they were delivered, gave no notice of any claim on his part, and received the whole of the consideration money, we think he is clearly es-topped from…
2Cases cited1 opinion
- Wood v. . LafayetteNew York Court of Appeals · 1877