Chamberlain v. . Spargur
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5,1880, which affirmed a judgment in favor of defendants, entered upon decision of the court on trial at Special Term. (Reported below, 22 Hun, 437.) This action was brought to set aside certain conveyances and leases of lands under which defendants claimed, as clouds upon plaintiffs title.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5,1880, which affirmed a judgment in favor of defendants, entered upon decision of the court on trial at Special Term. (Reported below, 22 Hun, 437.) This action was brought to set aside certain conveyances and leases of lands under which defendants claimed, as clouds upon plaintiffs title. One Mary L. Woodward originally owned the lands in question. She subscribed but did not acknowledge a deed thereof to William Howe and Hiram B. Hoxie, under which deed…
1Opinion of the CourtFinch, J.
Out of the complicated and somewhat peculiar transactions spread before us in this case, a single distinct and definite question is raised, and the only one necessary to the disposition of this appeal. The plaintiff claims under a deed from Mrs. Woodward, never in fact acknowledged by her, or attested by a subscribing witness. The defendants hold under subsequent deeds and leases, properly executed and acknowledged. Whether these shall prevail or yield to the prior and unattested conveyance is the question which has been argued, and which depends for its solution upon the statute which…
2Cases cited3 opinions
- Goodyear v. VosburghNew York Supreme Court · 1869
- Roggen v. AveryNew York Supreme Court · 1872
- Roggen v. . AveryNew York Court of Appeals · 1875
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- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
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