Van Cortlandt v. Tozer
New York Supreme Court
Error from the superior court of the city of New York. William E. Van Cortlandt and others, the heirs at law of William Ricketts Van Cortlandt, commenced an action of ejectment against Charles Tozer, for the recovery of part of a house lot in the city of New York.
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Error from the superior court of the city of New York. William E. Van Cortlandt and others, the heirs at law of William Ricketts Van Cortlandt, commenced an action of ejectment against Charles Tozer, for the recovery of part of a house lot in the city of New York. The property in question was devised in 1754, by the grand-father of the plaintiffs, to his wife Mary, for life, with remainder in fee to his two sons, Philip Van Cortlandt and William Ricketts Van Cortlandt, as tenants in common. The testator died in 1756. In 1759, his widow married the Rev. Philip Hughes, and on the 8th of April,…
1Opinion of the Court
By the Court,
Bronson, J.
If the deed of 1764, from William Ricketts Van Cortlandt to his brother Philip Van Cortlandt, was duly proved and recorded, so as to make the record evidence under any of the statutes of this state, the defendant has made out a perfect title to the premises in question, and the judgment of the court below should be affirmed. The plaintiffs *193object to the record on the following grounds: 1. The deed was not acknowledged by the grantor, but proved, by a subscribing witness, at a time when there was no statute to authorize the proof of deeds, for the purpose of having the…
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- In re EriksonAppellate Division of the Supreme Court of the State of New York · 1934
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