Jackson v. Frier
New York Supreme Court
THIS was an action of ejectment brought to recover part of lot No. 10. in township No. 9., in the second range of townships in Ontario county. The cause was tried before the late Chief Justice, at the Ontario circuit, in June, 1818. It was admitted, that the title to the whole of the town-7 ship in which the premises in question are situated, was formerly in Oliver Phelps, and Nathaniel Gorham, under whom both the parties claimed.
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THIS was an action of ejectment brought to recover part of lot No. 10. in township No. 9., in the second range of townships in Ontario county. The cause was tried before the late Chief Justice, at the Ontario circuit, in June, 1818. It was admitted, that the title to the whole of the town-7 ship in which the premises in question are situated, was formerly in Oliver Phelps, and Nathaniel Gorham, under whom both the parties claimed. Phelps fy Gorham, by deed dated January 15th, 1789, conveyed the entire township to Caleb Benton in fee; and Benton, by deed dated April 27th, in the same year,…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
It is an elementary rule that evidence of the execution ar contents of a deed, cannot be admitted, without the pro*195duction of the deed itself, unless it can be shown that it is in the possession of the opposite party, and he refuses to produce it, after regular notice, or that it is lost or destroyed.
The evidence of the loss of a deed is addressed to the Court alone ; and it is not a subject on which the jury are to pass. In the case of Butler v. Warren, (11 Johns. Rep. 57.) it is true, this Court considered the admission of an interested…
2Cases cited1 opinion
- Douglass's Lessee v. SandersonSupreme Court of the United States · 1791
3Cited by22 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Hogsett v. EllisMichigan Supreme Court · 1868
- You v. FlinnSupreme Court of Alabama · 1859
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
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