Miner v. Clark
New York Supreme Court
This was an action ,on a covenant of warranty of title in a deed of lands from which the plaintiff was evicted, tried at the Tompkins circuit in November, 1833, before the Hon, Robert Monell, one of the circuit judges. On the trial the following questions arose: I. The plaintiff proved that when the ejectment suit was commenced against him, by virtue of which he was evicted, he gave verbal notice of the suit'to his grantor, and requested him to attend to the defence.
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This was an action ,on a covenant of warranty of title in a deed of lands from which the plaintiff was evicted, tried at the Tompkins circuit in November, 1833, before the Hon, Robert Monell, one of the circuit judges. On the trial the following questions arose: I. The plaintiff proved that when the ejectment suit was commenced against him, by virtue of which he was evicted, he gave verbal notice of the suit'to his grantor, and requested him to attend to the defence. The defendant in the present suit objected to the sufficiency of such notice, insisting that it should have been - writing. The…
1Opinion of the Court
The Opinion of the Court was delivered by the Chief Justice as follows: It was objected, on the trial, that the deed from the defendant to the plaintiff should not be given in evidence, because oyer had not been given of the certificate of acknowledgment endorsed upon it. The objection was properly overruled. The certificate of acknowledgment or proof of the instrument constitutes no part of the deed itself.
*427A more important question is whether parol notice to the defendant of the commencement of the ejectment suit was sufficient The object of the notice is to inform the grantor that a suit…
2Cases cited2 opinions
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jackson ex dem. Vredenburgh v. MarshNew York Supreme Court · 1830
3Cited by18 opinions
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Pearson v. LovejoyNew York Supreme Court · 1866
- Clements v. CollinsSupreme Court of Georgia · 1877
- Kansas Pacific Railway Co. v. ThacherSupreme Court of Kansas · 1876
- Mason v. KelloggMichigan Supreme Court · 1878
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