Jackson ex dem. Montgomery v. Chapin
New York Supreme Court
Ejectment for lot No. 61 and 62, and the north half of lot No. 63, in the village of Rochester, in the county of Monroe, tried at the Monroe circuit, April 16th, 1825 before ' A ' Walworth, C. Judge ; when a verdict was taken for the plaintiff, subject to the opinion of this court upon a case ; which is sufficiently stated in the opinion of the court.
1Opinion of the Court
Curia, per Woodworth, J.
It appeared in evidence, ’ „ . , that Robb, who was the common source of title, executed a deed to Montgomery, on the 12th of June, 1818, which was recorded on the 25th of March, 1825. The defendant proved that Montgomery said the deed had been offered to him; but he refused to receive it, because Robb’s wife was not a party. This -being parol evidence, tending to destroy tho operation of the conveyance, was inadmissible.
*486The plaintiff also gave in evidence, a contract from Robb to Montgomery, for the sale of the premises in question, dated June 12th, 1817. On the 15th…
2Cited by3 opinions
- Doe ex dem. Davis v. McKinneySupreme Court of Alabama · 1843
- In re HindsDistrict Court, N.D. New York · 1869
- Hendy v. SmithNew York Supreme Court · 1888