Secrist v. Green
Supreme Court of the United States
Green brought ejectment against Secrist, in the Circuit Court for Northern Illinois, to recover land in that State which had belonged originally to Tibbitts.
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Green brought ejectment against Secrist, in the Circuit Court for Northern Illinois, to recover land in that State which had belonged originally to Tibbitts. The title which he set up, and the respective items of which he offered in evidence on the trial, was thus: 1. A deed from Tibbitts to William James, of Albany, acknowledged as hereinafter stated. 2. Death of this William James, and a descent to his heirs-at-law, of whom J. B. James was alleged to be one; all asserted to be proved by a deposition of Mr. Gideon Hawley. 3. Partition of a large body of lands in Pike, Morgan, Adams, and…
1Opinion of the CourtJustice Dayis
1. The authentication by the master in chancery in New York of the deed to William James, when made, was in conformity to the laws of New York for the conveyance of real estate within the State. By the terms of an act concerning the proof of deeds and conveyances, passed by the legislature of New York on the 6th of April, 1801, and substantially re-enacted on the 12th of April, 1813, a master in chancery was authorized to take the proof and acknowledg ment of deeds. * This authority remained unchanged until July 1, 1818. † After that, he was forbidden to do any official act- which did not…
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