Leavitt v. Thornton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Thornton, from a judgment of the Supreme,,Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 10th day of November, 1906, upon the decision of the court, rendered after a trial at the Queens County Special Term, directing the defendant to execute, acknowledge and deliver to the plaintiff a good and sufficient deed, etc., of certain real property.
1Opinion of the Court
Jenks, J.:
The defendant executed a deed of realty to the ' plaintiff which the plaintiff recorded. Thereafter he was informed that the acknowledgment thereof was incomplete in that venue was blank. This' action is to compel the grantor to execute a perfect conveyance.' The defendant made general denial but offered no evidence, and the court adjudged in accord with the plaintiff’s prayer, . I think that the judgment may be affirmed. While it has been held that it must be presumed that the officer entitled to take the acknowledgment did so within his jurisdiction (People v. Snyder, 41 N. Y.…
2Cases cited8 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Rogers v. . PellNew York Court of Appeals · 1898
- Bradley v. . WalkerNew York Court of Appeals · 1893
- Lane & Laing v. Morse & StudleyNew York Supreme Court · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hicks v. WynnSupreme Court of Virginia · 1923