Jackson ex dem. Hardenbergh v. Schoonmaker
New York Supreme Court
THIS was an action of ejectment for land, in the town of Rochester, in the county of Ulster. The cause was tried at the last Ulster circuit, before Mr. Justice Van ° Ness, and a special jury. Eight of the jurors had been on a . „ . r . J J ° J View or the premises. The plaintiff gave in evidence, a patent to Beekman and others, dated 25th June, 1703, called the Rochester patent; and a deed from Hend.
Read the full summary
THIS was an action of ejectment for land, in the town of Rochester, in the county of Ulster. The cause was tried at the last Ulster circuit, before Mr. Justice Van ° Ness, and a special jury. Eight of the jurors had been on a . „ . r . J J ° J View or the premises. The plaintiff gave in evidence, a patent to Beekman and others, dated 25th June, 1703, called the Rochester patent; and a deed from Hend. Rosekrans, Jacob De Witt, and J 1 Jacobus Wynkoop, trustees of the town of Rochester, to Leonard Cole, senior; dated the 18th November, 1714, which was proved, the 12th December, 1750, before a…
1Per curiam
The acknowledgment, and proof of deeds, is merely for the purpose of recording them, and is not conclusive on the opposite party. The proof or acknowledgment is, necessarily, ex parte; and the party who is to be affected by the deed, ought, at any time, to be allowed to question its validity, and the force and effect of the formal proof. To consider the certificate of the judge as conclusive on this subject, would produce manifest injustice. As there was a misdirection of the judge in refusing the evidence offered to rebut the proof of the deed to Cole, which was taken in 1750, we think there…
2Cited by9 opinions
- Hitz v. JenksSupreme Court of the United States · 1887
- Bowser v. WarrenIndiana Supreme Court · 1838
- Mutual Life Insurance v. CoreyNew York Court of Appeals · 1892
- Homœopathic Mutual Life Insurance v. MarshallNew Jersey Court of Chancery · 1880
- Dodge v. HollinsheadSupreme Court of Minnesota · 1861
4 more not listed; retrieve them via the Exa API.