Smith v. Cole

Landon, J.:

The plaintiff is one of the grantees in a deed ; the defendant and several other parties are also grantees. The defendant has the custody of the deed, and has had it' since its date, more than ten years prior to the commencement of the action. One of the two grantors is dead. The judgment is “that the defendant give possession of said deed to the county clerk of Saratoga county to the intent that the same shall be duly placed on record in said clerk’s office in behalf of and for the benefit of the plaintiff,” also for costs. Before the action was commenced the plaintiff made…