Jackson ex dem. Edson v. Gager
New York Supreme Court
Ejectment, for land in Willsborough, Essex county; tried at the circuit in that county, June 30th, 1824, before Nelson, C. Judge. On the trial, it was admitted that one James Ross conveyed certain lands granted to him by a patent, including the premises in question, to John Goodrich and William Wilson, who made partition ; Goodrich taking the west, and Wilson the east half, which east half contained the premises in question.
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Ejectment, for land in Willsborough, Essex county; tried at the circuit in that county, June 30th, 1824, before Nelson, C. Judge. On the trial, it was admitted that one James Ross conveyed certain lands granted to him by a patent, including the premises in question, to John Goodrich and William Wilson, who made partition ; Goodrich taking the west, and Wilson the east half, which east half contained the premises in question. The partition deeds contained this reservation: “ and the said William Wilson, for himself, his heirs and assigns doth covenant, grant and agree with the said Goodrich,…
1Opinion of the Court
Curia, per Sutherland, J.
The power of attorney from Obadiah Thayer to Ralph Hascall was not sufficiently proved. It was attested by two subscribing witnesses. The hand writing of the party who executed the power, and of one of the subscribing witnesses, were proved; they both being resident in the state of Massachusetts. No account whatever was given of the other subscribing witness. This should have been done.
The general rule is, that where there are several witnesses to a deed, it may be proved by one of them. If none of them are in being, or from any other sufficient cause, cannot be…
2Cases cited5 opinions
- Clark v. SandersonSupreme Court of Pennsylvania · 1810
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
- Lessee v. DunningSupreme Court of the United States · 1792
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Jackson ex dem. Livingston v. BurtonNew York Supreme Court · 1814
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- Jeffersonville Railroad v. MountsIndiana Supreme Court · 1856
- Ellison v. WeathersSupreme Court of Missouri · 1883
- Schaefer v. GildeaSupreme Court of Colorado · 1876
- Hewitt v. Lehigh & Hudson River Railway Co.New Jersey Court of Chancery · 1899
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