Ackert v. Pultz
New York Supreme Court
Ejectment, tried at the Dutchess circuit in February, 1849, before Barculo, J. On the trial it was admitted by and between the counsel for the respective parties, that Daniel Pultz died intestate, in the year 1798, leaving a widow and eight children him surviving ; that he was the owner and in the occupation of the whole of the premises described in the declaration, at the time of his death ; that his widow and children continued to own and occupy the premises until 1819;…
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Ejectment, tried at the Dutchess circuit in February, 1849, before Barculo, J. On the trial it was admitted by and between the counsel for the respective parties, that Daniel Pultz died intestate, in the year 1798, leaving a widow and eight children him surviving ; that he was the owner and in the occupation of the whole of the premises described in the declaration, at the time of his death ; that his widow and children continued to own and occupy the premises until 1819; that the plaintiff was one of the children of the intestate; and that her husband died in the year 1828. Entry and ouster…
1Opinion of the Court
By the Court, Barculo. J.
The husband and wife (now plaintiff) executed a deed, and deposited it as an escrow, to be delivered on the execution of a certain bond and mortgage, the husband subsequently requested the holder of the deed to deliver it; waiving the performance of the condition, the execution of the mortgage. The judge at the circuit, charged the jury, that the consent of the husband to the delivery of the deed, would bind the wife, and that if they found that he had waived the performance of the condition, and requested, and consented to, the delivery, it passed the title, and she…
2Cited by1 opinion
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