Jackson ex dem. Gouch v. Wood
New York Supreme Court
THIS was an action of ejectment for lot No. T. in the town of Locke, in the county of Onondaga, and was tried before Mr. Justice Thompson, at íhé Cayuga circuit, in Tune, 1813. ' The lessors of the plaintiff gave in evidence the exemplification of a' patent, dated the 13th of June, IT91, to John Day, for the lot in question.
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THIS was an action of ejectment for lot No. T. in the town of Locke, in the county of Onondaga, and was tried before Mr. Justice Thompson, at íhé Cayuga circuit, in Tune, 1813. ' The lessors of the plaintiff gave in evidence the exemplification of a' patent, dated the 13th of June, IT91, to John Day, for the lot in question. He then proved that Moses Gouch was the identical person who served and was known In the New-York line of the army by the name of John Day, and that he was the same person to whom the patent was granted by that name. It was also proved that 'Moses Gouch, alias dictus John…
1Opinion of the CourtPlatt, J.
The single question in this ease is; whether an estate in fee can be conveyed .-otherwise than by deed: that is: to say,-> whether a seal is essential to such conveyance ?
Tlie earliest inode of transferring a' freehold estate, known in the English common law, was by livery'of seisin only, (Co. Lit. 49 b. 48 b.); Blit when the art 0,f writing became common among our rtide ancestors, the deed of feoffment was introduced,. in order to ascertain with tabre precision the nature and extent of the estate granted, with the Various conditions and limitations. This deed; however, was ófytío validity,…
2Cited by10 opinions
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