Jackson, ex dem. Kellogg v. Vickory
New York Supreme Court
This was an action of ejectment, tried at the Oswego cir-cuitj in June, 1827, before the Hon. Nathan Williams, one 0f the circuit judges.
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This was an action of ejectment, tried at the Oswego cir-cuitj in June, 1827, before the Hon. Nathan Williams, one 0f the circuit judges. Both parties deduced their title „ _ J - 1 . , from the same source; and the mam question in contvoversy aPPears to be, as to the location of 200 acres, claimed by *6 defendant, out of a large tract of land, conveyed to the lessor of the plaintiff," and excepted from such conveyance, Various questions of law, however, arose on the trial of the cause, which are presented in a case made ; a verdict having been taken for the plaintiff, subject to the opinion…
1Opinion of the Court
*412 By the Court,
Sutherland, J.
The deed of the 26th of Dec. 1792, from L’Hommedieu to Phillips and Roe, was sufficiently proved to entitle it to be read in evidence. The objection was, that the commissioner before whom the proof of the deed was taken, did not state in his certificate, that he knew the witness, King, who proved the identity of De Peyster, the witness to the deed, who proved its due execution. (1 R. L. 369.) A deed may either be acknowledged by the party or parties executing the same, or proved by one or more of the subscribing witnesses. When acknowledged, the statute requires…
2Cited by31 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Newberry Land Co. v. NewberrySupreme Court of Virginia · 1897
- Hunt v. . JohnsonNew York Court of Appeals · 1859
- Tevis v. PitcherCalifornia Supreme Court · 1858
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
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