Jackson ex dem. Ten Eyck v. Richards
New York Supreme Court
Ejectment for a part of land called tract H., Massena, St. Lawrence county; tried at the circuit in that county, February 9tA, 1826, before Walworth, C. Judge. At the trial, the plaintiffs having deduced a regular title to one undivided half of the premises in question, to Ann, wife of Ten Eyck, who are the lessors of the plaintiff, by descent from Ann’s, the wife’s father, M. Vischer, who died in 1793, rested.
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Ejectment for a part of land called tract H., Massena, St. Lawrence county; tried at the circuit in that county, February 9tA, 1826, before Walworth, C. Judge. At the trial, the plaintiffs having deduced a regular title to one undivided half of the premises in question, to Ann, wife of Ten Eyck, who are the lessors of the plaintiff, by descent from Ann’s, the wife’s father, M. Vischer, who died in 1793, rested. The defendant, to show title out of the plaintiff, gave in evidence a conveyance of the premises in question, (among other land,) from Ann, while sole, and her co-heir, Sebastian…
1Opinion of the Court
Curia, per
Suthkrlanu, J.
The material question in this case is, as to the admissibility and effect of what is called the disclaimer of Lydia Vischer, of the 12th of *619October, 1824. This instrument was duly acknowledged before a competent officer, and recorded .in the office of the secretary of state, on the !4iA of October, 1824. It was produced and read upon the trial, without further proof, as an instrument entitled to be recorded under the act of April \%th, 1813, entitled “ an act concerning deeds,” (1 R. L. 369, s. 5.) It was objected to on the part of the defendant, 1. As not coming…
2Cases cited1 opinion
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