Ten Eyck v. . Witbeck
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed a judgment in favor of defendants, entered upon a verdict. This was an action of ejectment. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed a judgment in favor of defendants, entered upon a verdict. This was an action of ejectment. The facts, so far as material, are stated in the opinion. The General Term erred in deciding as matter of law that the payment of ten dollars to the grantor, the father of defendant Catharine A. by the husband of said defendant, even if he paid it, on her deed being first recorded, under the statute, constituted a bar to the action. (1 R. S. 156, § 1;…
1Opinion of the CourtJMaynabd, J.
The single question presented by this appeal relates to the rights of the parties under the Recording-Act. The property in controversy is a farm in the town of Ooeymans concededly worth $20,000. Peter W. Ten Eyck is the-common source of title. The plaintiffs claim under a deed prior in date; the defendant Catherine Witbeck under a deed, prior in registry. The plaintiffs’ conveyance is declared by statute to be void as against the defendant, providing she was. a purchaser in good faith and for a valuable consideration. In the sense that' she had no notice of the existence of the-prior deed,…
2Cases cited10 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Dunning v. . LeavittNew York Court of Appeals · 1881
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Duvoll v. WilsonNew York Supreme Court · 1850
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