Legal Opinion

Jackson, ex dem. Rounds v. M'Chesney

New York Supreme Court

Decided May 15, 1827PublishedCited by 32 opinions

Easton, Washington county tried at the Washington circuit, December 18th, 1825, before WALWOBTH, 0. Judge. At the trial, it was in proof that ~es~er Viele, one of the lessors of the plaintift on the 29th of December, 1810, conveyed the premises in question to John Groves; for *tl consideration, as express~ in the con,vey~uce, of $200, Grove~, on the same day, execuDed to ]aer a bond, and a mortgage of the premises, for the purchase money, which Where a conveyance,…

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Easton, Washington county tried at the Washington circuit, December 18th, 1825, before WALWOBTH, 0. Judge. At the trial, it was in proof that ~es~er Viele, one of the lessors of the plaintift on the 29th of December, 1810, conveyed the premises in question to John Groves; for *tl consideration, as express~ in the con,vey~uce, of $200, Grove~, on the same day, execuDed to ]aer a bond, and a mortgage of the premises, for the purchase money, which Where a conveyance, acknowledgwas not registered till the 3th pf-June, 1811. In the mean time, on the 7th of January, 1811, Groves conveyed premises…

1Opinion of the Court

Curia, per Sutherland, J.

The acknowledgment in a deed, of the receipt of the consideration money, is prima fade evidence of its payment. It is equivalent to, and like a receipt for money. It is liable to be explained or Contradicted ; but until impeached, it is legal and competent evidence of payment. Bor is its operation confined to the immediate parties to the deed. It does not operate by way of estoppel; but as evidence merely, and * must have the effect of sustaining the deed, by establishing, prima fade, *362the consideration for which it was given, against any person w^° ma7 seek…

2Cases cited1 opinion

  1. Shephard v. LittleNew York Supreme Court · 1817

3Cited by32 opinions

  1. Wood v. . ChapinNew York Court of Appeals · 1856
  2. Shotwell v. HarrisonMichigan Supreme Court · 1871
  3. Craft v. RussellSupreme Court of Alabama · 1880
  4. Van Duzer v. . HoweNew York Court of Appeals · 1860
  5. Peck v. . MallamsNew York Court of Appeals · 1853

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