Jackson ex dem. Livingston v. Burton
New York Supreme Court
THIS was an action of ejectment. At the trial of the cause, _ _ 7 . . . . 7 at the Scho harte circuit, m September, IS 12, the plaintiff, in deducing the lessor’s title to the premises, being part of lot No. *n ^le secon(l allotment of Lawyer and Zimmer’s patent, offered in evidence a deed, dated the 31st of December, 1768, from nine of the patentees, named in the patent, (which was dated ttie 24th of December, 1768, granted to Lawyer and thirty-seven other persons,) to…
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THIS was an action of ejectment. At the trial of the cause, _ _ 7 . . . . 7 at the Scho harte circuit, m September, IS 12, the plaintiff, in deducing the lessor’s title to the premises, being part of lot No. *n ^le secon(l allotment of Lawyer and Zimmer’s patent, offered in evidence a deed, dated the 31st of December, 1768, from nine of the patentees, named in the patent, (which was dated ttie 24th of December, 1768, granted to Lawyer and thirty-seven other persons,) to Philip Livingston, ran. who was der ' 1 ° ’0 scribed as an attorney at law of the city of New-Yoric. To this deed Alexander…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The proof af the deed was, prima facie, sufficient. It was a deed of 44 years’ standing, and there ivas proof of the handwriting of one of the subscribing witnesses, and that he was dead. If there be two or more subscribing witnesses to a deed, the calling of one to prove the deed has always been held sufficient; and when the witnesses cannot be produced, there is no fixed rule requiring proof of the hand of all the absent witnesses. The only point in the case is, that the absence of Murray, the other subscribing witness, was not accounted for;…
2Cited by10 opinions
- Bowser v. WarrenIndiana Supreme Court · 1838
- Brown v. SullivanNew York Court of Common Pleas · 1892
- Jackson ex dem. Edson v. GagerNew York Supreme Court · 1826
- Mott v. DoughtyNew York Supreme Court · 1800
- Farnsworth v. BriggsSuperior Court of New Hampshire · 1834
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