Legal Opinion

Jones v. Bach

New York Supreme Court

Decided April 1, 1867PublishedCited by 4 opinions

nnHE question in this case was, whether an assignment of _L property in trust for the benefit of creditors, was properly acknowledged. The facts are stated in the opinion.

1Opinion of the CourtClerke, J.

It is fully settled, that by the act of 1860, an assignment in trust for the benefit of creditors, must be acknowledged before a proper officer, before delivery. Otherwise it is of no effect. The officer, in taking the acknowledgment, must be governed by the provisions of the Revised Statutes regulating the proof and recording of conveyances of real estate. (1'JS. 8. 758, §9, 15, marginal.) The language of section nine is, “ No acknowledgment of any "conveyance having been executed shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence,…

2Cases cited1 opinion

  1. Watson v. CampbellNew York Supreme Court · 1858

3Cited by4 opinions

  1. Joost v. CraigCalifornia Supreme Court · 1901
  2. Smith v. BoydNew York Court of Common Pleas · 1884
  3. Smith v. TimNew York Court of Common Pleas · 1884
  4. Treadwell v. SackettNew York Supreme Court · 1867

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