Schell v. Schell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard Schell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 21st day of June, 1919, upon the decision of the court rendered after a trial at the Richmond Special Term.
1Opinion of the Court
Jenks, P. J.:
The court upon sufficient proof found these facts: On August 3, 1903, the plaintiff caused to be prepared a paper termed an “ indenture,” whereby he granted and released to the defendant, his wife, all of his right, title and interest in two certain parcels of land in two annexed deeds of grant. He subscribed that paper in the presence of Loos, a notary, and acknowledged before Loos the execution of the instrument. Loos thereupon affixed his notarial seal but failed to certify the acknowledgment. The plaintiff took the indenture in an envelope and handed it to the defendant in…
2Cases cited5 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Church v. GilmanNew York Supreme Court · 1836
- Wallace v. . BerdellNew York Court of Appeals · 1884
- Brooks v. FairchildMichigan Supreme Court · 1877
- O'Brien v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by1 opinion
- Knapp v. HughesAppellate Division of the Supreme Court of the State of New York · 2006