Jackson, ex rel. Gould v. Gould
New York Supreme Court
This was an action of ejectment, tried at the Ontario circuit in January, 1830, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff produced the record of a deed of the premises in question, from G. Wilmarth to the lessor of the plaintiff, David Gould, junior, bearing date the 1st December, 1802, recorded the 27th October, 1828, upon the certificate of the proof of the deed by John Boughton, one of the subscribing witnesses.
Read the full summary
This was an action of ejectment, tried at the Ontario circuit in January, 1830, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff produced the record of a deed of the premises in question, from G. Wilmarth to the lessor of the plaintiff, David Gould, junior, bearing date the 1st December, 1802, recorded the 27th October, 1828, upon the certificate of the proof of the deed by John Boughton, one of the subscribing witnesses. The commissioner certified that the witness had testified before him that he saw G. Wilmarth, the person described as the grantor of the deed,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The judge erred in deciding that in the proof of a deed by a subscribing witness, the witness need not state that he knows the grantor. This point was decided, 2 Wendell, 555 ; but as the deed was afterwards proved by a subscribing witness, the error does not become material.
He also erred in his charge as to the effect of an alteration of a deed upon the estate conveyed. It was clearly proved that the deed in this case was executed to the lessor by the name of David Gould, jun. The word junior was subsequently erased, and the same word written upon the erasure, but…
2Cases cited1 opinion
- Jackson v. OsbornNew York Supreme Court · 1829
3Cited by8 opinions
- Parker v. KaneWisconsin Supreme Court · 1856
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Alabama State Land Co. v. ThompsonSupreme Court of Alabama · 1894
- Smith v. McGowanNew York Supreme Court · 1848
- Strawn v. NorrisSupreme Court of Arkansas · 1860
3 more not listed; retrieve them via the Exa API.