Legal Opinion

Norman v. Wells

New York Supreme Court

Decided May 15, 1837PublishedCited by 78 opinions

This was an action of covenant, tried at the Westchester circuit, in Janu ary, 1835, before the Hon. Charles H. Rüggles, one of the circuit judges.

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This was an action of covenant, tried at the Westchester circuit, in Janu ary, 1835, before the Hon. Charles H. Rüggles, one of the circuit judges. The plaintiff declared as the assignee of a lease, executed by the [138] defendant to one Joseph Delacroix, bearing date 13th November, 1829, whereby the defendant demised to Delacroix and his assigns, a mill-seat, together with one acre around the same near the centre of the village of Phillipsburgh, in the town of Yonkers, on the stream of water that runs through the same, called Saw-mill river; together with the dam, and all buildings, mills,…

1Opinion of the Court

By the Court,

Cowen, J.

The specific objections to the certificate of proof endorsed on the deed, are now heard for the first time. They lie, first, in the commissioner’s omission to state the place of residence of the *83identifying witness, and secondly, that it appears that the subscribing witness, after being identified, instead of swearing to the execution of the léase, simply stated that the parties acknowledged its execution. The objection at the circuit was too general. The first specification under it [143] is, however, answered by the case of Dibble v. Rogers (13 Wendell, 536). The…

2Cases cited6 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Clark v. FisherNew York Court of Chancery · 1828
  3. Ontario Bank v. LightbodyCourt for the Trial of Impeachments and Correction of Errors · 1834
  4. Dibble v. RogersNew York Supreme Court · 1835
  5. Cooper v. WatsonNew York Supreme Court · 1833

1 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Fish v. DodgeNew York Supreme Court · 1847
  3. Clark v. . DevoeNew York Court of Appeals · 1891
  4. Linn v. SigsbeeIllinois Supreme Court · 1873
  5. Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840

73 more not listed; retrieve them via the Exa API.

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