People v. Harrison
New York Supreme Court
• At the oyer and terminer in Herkimer county in October, 1849, the defendant was convicted of the crime of forgery in the third degree. The forged instrument was a certificate of acknowledgment of the conveyance of real estate as follows: “ Oneida county, ss.
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• At the oyer and terminer in Herkimer county in October, 1849, the defendant was convicted of the crime of forgery in the third degree. The forged instrument was a certificate of acknowledgment of the conveyance of real estate as follows: “ Oneida county, ss. “ On this 3d day of December, 1845, before me appeared H. C. A. Harrison, of the town of Litchfield, Herkimer county, made known to be the party of the first part in the within deed, and known to me Chester Hayden, official commissioner of deeds in said county, to be the same person who executed the same or within deed, and that the…
1Opinion of the Court
By the Court, Hubbard, J.
This certificate, if genuine, is clearly defective in form and substance under the statute. It does not set forth that the grantor acknowledged the execution of the conveyance. The defect is fatal to the validity of the certificate. The statute is imperative that the officer shall indorse a certificate setting forth among other things that the execution of the conveyance was duly acknowledged by the grantor. (2 R. S. 756, §§ 4, 15.) Without this requisite no record could be made, and at law no title would pass.
The question arising is whether the crime of forgery can…
2Cited by24 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Fuller v. StateSupreme Court of Alabama · 1952
- People v. TomlinsonCalifornia Supreme Court · 1868
- Rembert v. StateSupreme Court of Alabama · 1875
- Goodman v. PeopleIllinois Supreme Court · 1907
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