Kimball & Rowe v. Davis & Brown
New York Supreme Court
This was an action of ejectment,- tried at the Essex circuit in January, 1836, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiffs produced in evidence letters patent to Francis Legge for 5000 acres of land, granted in 1769, and a deed from Francis. Legge to Rowe, one of the plaintiffs, bearing date 3d January, 1770, conveying the whole tract, of which the premises in question are a part.
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This was an action of ejectment,- tried at the Essex circuit in January, 1836, before the Hon. Esek Cowen, then one of the circuit judges. The plaintiffs produced in evidence letters patent to Francis Legge for 5000 acres of land, granted in 1769, and a deed from Francis. Legge to Rowe, one of the plaintiffs, bearing date 3d January, 1770, conveying the whole tract, of which the premises in question are a part. Proof of the hand-writing of the subscribing witnesses to the deed from Legge to Rowe was the only evidence adduced of its execution. The subscribing witnesses were dead. The evidence…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It is contended that some of the depositions taken under the commission executed in the case were improperly admitted, for the reason that it does not appear that the last general cross-interrogatory proposed by the defendants was answered by the .witnesses. The statute, 2 R. S. 394, § 16, gives no directions in this respect, but there are respectable authorities which consider the objection fatal, 3 Wash. C. C. R. 108; 4 id. 324; and the reason assigned is, that unless all the interrogatories are substantially answered, it is impossible to say that the witness has…
2Cases cited2 opinions
- People v. MooreNew York Supreme Court · 1836
- Mott v. DoughtyNew York Supreme Court · 1800
3Cited by33 opinions
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- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Conrad v. GriffeySupreme Court of the United States · 1854
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