People Ex Rel. Oaklawn Corp. v. . Donegan
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1918, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to record a certain deed. The respondent refused to record the deed upon the ground that it was not properly acknowledged. The deed purported to be made by four grantors.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1918, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to record a certain deed. The respondent refused to record the deed upon the ground that it was not properly acknowledged. The deed purported to be made by four grantors. It was duly acknowledged within the state by three of the grantors but the fourth had acknowledged the instrument before a notary public in the county of Berkshire,…
1Opinion of the CourtCuddeback, J.
Section 291 of the Real Property Law (Cons. Laws, ch. 50) provides that a conveyance may be recorded on being duly acknowledged by the person executing the same. Sections 311. and 312 provide that the acknowledgment is not sufficient where it is taken by the officer of another state, unless it is authenticated by the certificate prescribed by the statute as to the authority of the officer taking the acknowledgment, and the genuineness of his signature.
The conveyance presented by the relator .was not precisely within the law inasmuch as it lacked the authenticated acknowledgment of one of the…
2Cases cited1 opinion
- Bradley v. . WalkerNew York Court of Appeals · 1893
3Cited by9 opinions
- In Re BarnacleSupreme Court of Rhode Island · 1993
- Keese v. BeardsleyCalifornia Supreme Court · 1923
- Bell v. SageCalifornia Court of Appeal · 1922
- Cicerale v. CiceraleNew York Supreme Court · 1976
- Eggert v. FordWashington Supreme Court · 1944
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