Legal Opinion

Jordan v. Jordan

New York Supreme Court

Decided April 15, 1874Published

Appeal from a judgment in favor of defendants entered in Erie county, upon the report of a referee. The action was brought to establish the title of the plaintiff to a farm. The necessary facts appear in the opinion.

1Opinion of the CourtE. Darwin Smith, J.

The chief issue of fact tried by the referee was, whether the defendant, Michael Jordan, and his wife, had ever executed and delivered a deed of the premises in dispute to Catharine Kennedy, a sister of the defendant’s former wife. Upon this issue the referee, I think, properly held that there was no sufficient proof that any such instrument was ever executed and delivered. The existence of such a deed in the possession of the grantor, I should think, was sufficiently proved, but I think there was really no proof that it was ever delivered to the grantee named therein, or ever took effect as…

2Cases cited1 opinion

  1. Forward v. HarrisNew York Supreme Court · 1857

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