Strough v. . Wilder
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 2, 1888, which. affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action for the partition of real estate. The material facts are stated in the opinion. By express statute, the ■deed, not being acknowledged, and having no subscribing witness thereto, is of no effect against the plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 2, 1888, which. affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action for the partition of real estate. The material facts are stated in the opinion. By express statute, the ■deed, not being acknowledged, and having no subscribing witness thereto, is of no effect against the plaintiff. (3 R. S. 2194; Chamberlain, v. Spragur, 86 N. Y. 605; 22 Hun, 437; Roggen v. Avery, 63 Barb. 65 ; 65 N.Y. 592; Kent’s Comm. 450 ; Genter…
1Opinion of the CourtAndrews, J.
The finding of the referee that Susannah Wilder executed and delivered to the defendant the deed of June 20, 1855, is supported by evidence and has been confirmed by the General Term. The execution of the deed by the grantor was proved by two witnesses who were present at the time, and no attempt was made on the trial to show that the signature to the deed was not genuine. The fact of delivery was not directly proved by an eye witness. But the defendant produced the deed, and the possession of a deed by the grantee is prima faeie evidence of delivery, where there is nothing to impeach the…
2Cases cited2 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Clift v. . MosesNew York Court of Appeals · 1889
3Cited by23 opinions
- Matisoff v. DobiNew York Court of Appeals · 1997
- Lum v. AntonelliAppellate Division of the Supreme Court of the State of New York · 1984
- James v. LewisAppellate Division of the Supreme Court of the State of New York · 1987
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1896
- Brooks v. BrooksNebraska Supreme Court · 1920
18 more not listed; retrieve them via the Exa API.