Hendy v. Smith
New York Supreme Court
Appeal from circuit court, Monroe county. This is an action of ejectment, brought by Jane Hendy against Albert G! Smith. Judgment was rendered for the plaintiff upon a general verdict and special findings, and a motion for new trial denied, and the defendant appeals.
1Opinion of the CourtBradley, J.
The parties claim title to the premises founded upon deeds made to them, respectively, by George Smith, the previous owner. The deed to the plaintiff was dated May 14, 1883, and recorded on that day. The deed to the defendant was dated January 28, 1876, and recorded April 5,1886. The latter deed embraced this with other lands. The questions litigated at the trial were (1) whether the deed to the defendant had been delivered to him by George Smith, the grantor named in it, at the time the deed was made to the plaintiff; (2) whether the plaintiff was a purchaser'in good faith, and for a…
2Cases cited13 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
- Page v. . WaringNew York Court of Appeals · 1879
- Webster v. Van SteenberghNew York Supreme Court · 1864
- De Lancey v. . StearnsNew York Court of Appeals · 1876
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3Cited by4 opinions
- Ten Eyck v. . WitbeckNew York Court of Appeals · 1892
- Mullins v. Butte Hardware Co.Montana Supreme Court · 1901
- Ten Eyck v. WitbeckNew York Supreme Court · 1891
- Sweetland v. BuellNew York Supreme Court · 1895