Stilwell v. Hubbard
New York Supreme Court
This was an action of ejectment, tried at the circuit in the county of Kings in December, 3836, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs claimed to recover the premises in question by virtue of a deed executed by Samuel Hubbard, senior, to his daughter Áltie, one of the plaintiffs. The defendant, who is the grandson of Samuel Hubbard, junior, claimed the premises under a devise to him contained in the will of his grandfather.
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This was an action of ejectment, tried at the circuit in the county of Kings in December, 3836, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiffs claimed to recover the premises in question by virtue of a deed executed by Samuel Hubbard, senior, to his daughter Áltie, one of the plaintiffs. The defendant, who is the grandson of Samuel Hubbard, junior, claimed the premises under a devise to him contained in the will of his grandfather. Several years after the making of the will, and two years previous to his death, Samuel Hubbard, senior, went alone to the house of a…
1Opinion of the Court
jBy the Court, Bronson, J.
The deed was never delivered to nor accepted by Altie, the grantee, but remained in the possession of the grantor until the time of his death. Jackson v. Phipps, 12 Johns.R. 418. There weré no formal words of delivery, and nothing was said at the time the deed was executed from which it can be inferred that Hubbard intended it should be a present operative conveyance. On the contrary, it plainly appears that he intended the deed should not take effect till after his death. In Doe v. Knight, 5 Barn. § Cress. 671, the grantor at the time of execution said to the…
2Cases cited1 opinion
- Scrugham v. WoodNew York Supreme Court · 1836
3Cited by19 opinions
- Maynard v. MaynardMassachusetts Supreme Judicial Court · 1813
- Taft v. TaftMichigan Supreme Court · 1886
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Provart v. HarrisIllinois Supreme Court · 1894
- Meech v. WilderMichigan Supreme Court · 1902
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