Paige v. People
New York Court of Appeals
The plaintiff in error was indicted in the Oyer and Terminer of Washington county, for forgery, &c. The indictment contained nine counts.
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The plaintiff in error was indicted in the Oyer and Terminer of Washington county, for forgery, &c. The indictment contained nine counts. The first three charged that the plaintiff “ falsely and fraudulently and feloniously did forge and counterfeit, and cause and procure to be forged and counterfeited, a certain deed, purporting to be the act of one Thomas Eoch, by which a right or interest in real property purported to be transferred and conveyed, the tenor of which said forged and counterfeited deed is as follows, that is to say: “ ‘Whereas, I, Thomas Eoch, of Whitehall,’ &c., ‘in…
1Opinion of the CourtWoodruff, J.
The whole indictment is claimed to be defective, because in neither count is it in terms alleged that the forged instrument was, or purported' to be, sealed; and that, if not sealed, it could not operate as a deed. Therefore, it is claimed that the. ability to perpetrate a fraud thereby is wanting. (People v. Shell, 9 Cow., 778.) If void, it is no forgery. (17 Wend., 542; 8 Barb., 560.)
The words of the instrument set out in the indictment import a transfer of an interest in real estate. To the validity and efficiency of a grant in fee of a freehold estate to pass the title, a seal is…
2Cases cited5 opinions
- People v. RathbunNew York Supreme Court · 1839
- People v. ShallCourt Of Oyer And Terminer New York · 1829
- People v. HarrisonNew York Supreme Court · 1850
- Stanton v. CampNew York Supreme Court · 1848
- Hill v. . the PeopleNew York Court of Appeals · 1853
3Cited by2 opinions
- People v. ValentineAppellate Division of the Supreme Court of the State of New York · 1911
- People v. CraneCalifornia Court of Appeal · 1906