Van Rensselaer v. Vickery
New York Supreme Court
This was an appeal from a judgment entered on the verdict of a jury at the Rensselaer Circuit in June, 1869, Mr. Justice Peckham presiding. The action was ejectment for non-payment of rent upon a lease from Stephen Yan Rensselaer to Robert Patrick, dated October 3d, 1795, and the complaint described and demanded possession of the premises covered by the lease.
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This was an appeal from a judgment entered on the verdict of a jury at the Rensselaer Circuit in June, 1869, Mr. Justice Peckham presiding. The action was ejectment for non-payment of rent upon a lease from Stephen Yan Rensselaer to Robert Patrick, dated October 3d, 1795, and the complaint described and demanded possession of the premises covered by the lease. Evidence of the death of Stephen Yan Rensselaer, his will, the eommon law demand, and payment of rent by the grantor of the defendant, was given. There was conflicting evidence as to whether the defendant’s farm was covered by the…
1Opinion of the Court
By the court —
Miller, P. J.
I think that the judge upon the trial properly held, that the legal presumption was that the deed to the plaintiff of the premises in question, which bore date, and was acknowledged upon the 12th day of August, 1864, was delivered at the time of the cancellation of the revenue stamps thereon, which was on the 21st day of September, 1864, in the handwriting of the plaintiff, and after the commencement of this action.
Although the legal presumption ordinarily is, that a deed duly executed and acknowledged is delivered on the day of its date unless the contrary is…
2Cases cited5 opinions
- McLaren v. . McMartinNew York Court of Appeals · 1867
- Pickett v. . LeonardNew York Court of Appeals · 1866
- Hosford v. . BallardNew York Court of Appeals · 1868
- Lyon v. ChaseNew York Supreme Court · 1867
- Howe v. CarpenterNew York Supreme Court · 1869
3Cited by3 opinions
- Isear v. BursteinNew York Supreme Court · 1893
- Jones v. SmithNew York Supreme Court · 1874
- Lawrence v. FarleyNew York Supreme Court · 1881