Tuttle v. . the People
New York Court of Appeals
Wbit of error to- tbe Supreme Court. — Tbe Plaintiff iu error was tried and convicted at the Jefferson Sessions,. on an indictment for perjury, in proving, as subscribing witness, tbe execution of a deed to bis wife from one Stephen Gifford.
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Wbit of error to- tbe Supreme Court. — Tbe Plaintiff iu error was tried and convicted at the Jefferson Sessions,. on an indictment for perjury, in proving, as subscribing witness, tbe execution of a deed to bis wife from one Stephen Gifford. It appeared on tbe trial that Bennett Rice, tbe father-in-law.of the prisoner, died intestate in 1857, and that bis wife, and her sister, Mrs. Otis S. Gifford, succeeded to portions of bis property, embracing lands in tbe town of "Watertown. In January, 1859, Mrs. Tuttle and Mrs. Gifford released to Stephen Gifford, for a nominal consideration, their…
1Opinion of the CourtPorter, J.
The deed was not the property of the prisoner. He was at variance with the grantee, and had an interest in having it recorded. He desired to have a debt collected from her property, for which he had collaterally mortgaged his own. To secure this end, it was not enough that the title, with which she bad once parted, bad been afterward reinstated, unless be could establish that fact by legal evidence. Having clandestinely obtained the deed, be encountered, in the refusal of Mr. Clarke, an unexpected-impediment in the way of having it proved and recorded. : He could not compel the subscribing…
2Cases cited2 opinions
- People v. VaneNew York Supreme Court · 1834
- People v. PhelpsNew York Supreme Court · 1830
3Cited by14 opinions
- Robertson v. PerkinsSupreme Court of the United States · 1889
- People v. IannielloNew York Court of Appeals · 1975
- Thomas v. StateSupreme Court of Alabama · 1907
- Powers v. StateCourt of Appeals of Texas · 1887
- People v. McGrathAppellate Division of the Supreme Court of the State of New York · 1977
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