Herrick v. Malin
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. This was an action of ejectment, brought by Rachel Malin against Israel Herrick for the recovery of a tract of land conveyed to her by one James Hathaway, by deed, bearing date 30th July, 1794. The premises conveyed being described as follows: “ A “ certain tract of land in township number seven in the se- “ cond range of Massachusetts pre-emption, being in com- “ mon and undivided with the proprietor of said land, and “supposed to contain about…
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Error from the supreme court. This was an action of ejectment, brought by Rachel Malin against Israel Herrick for the recovery of a tract of land conveyed to her by one James Hathaway, by deed, bearing date 30th July, 1794. The premises conveyed being described as follows: “ A “ certain tract of land in township number seven in the se- “ cond range of Massachusetts pre-emption, being in com- “ mon and undivided with the proprietor of said land, and “supposed to contain about four hundred acres : it being all “ my right, title, interest and demand to lands in said town, “except one hundred…
1Opinion of the Court
After advisement, the following opinion was delivered,in reference to the question of alteration of the deed.
By the Chancellor.
The first question to be considered in this case is, whether the' supposed alteration in the deed of Hathaway to Malin, even if made by her after its execution, avoided the deed so that she could not recover the estate. In Jackson v. Malin, 15 Johns. R. 293, the supreme court held that an immaterial alteration in a will devising real estate, if made by the devisee, rendered the devise void; but as the verdict of the jury had not found whether the will was or was not…
2Cases cited2 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Campbell v. NeelyNew York Supreme Court · 1829
3Cited by23 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
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