Averill v. Wilson
New York Supreme Court
This was an action of ejectment. The cause was tried at the St. Lawrence circuit, in September, 1847, before Justice Parker. The declaration was entitled of the 7th of May, 1847. On the trial, the plaintiff gave in evidence the record of a warranty deed from Abel Cook and his wife to Abner Breese, dated December 12, 1815, of the premises in question.
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This was an action of ejectment. The cause was tried at the St. Lawrence circuit, in September, 1847, before Justice Parker. The declaration was entitled of the 7th of May, 1847. On the trial, the plaintiff gave in evidence the record of a warranty deed from Abel Cook and his wife to Abner Breese, dated December 12, 1815, of the premises in question. The certificate of acknowledgment, by the officer who took such acknowledgment, stated that Cook and his wife, “ to him known to be the persons who signed the deed, personally came before' him,” &c. without stating that they were known to him to…
1Opinion of the Court
By the Court, Paige, J.
The objection taken to the certificates of acknowledgment of the deeds from Abel Cook to Breese, and from Breese to Danbury; and the objections taken to the executions, the certificate of sale, and. the sheriff’s deed, were all untenable.
The cases of Jackson v. Gumaer, (2 Cowen, 552,) and of Jackson v. Osborn, (4 Wend. 558,) establish the sufficiency of the certificate of acknowledgment of the deeds from Abel Cook to Breese, and from Breese to Danbury. The objections that the executions issued after a year and a day, or after two years from the recovery of the judgment,…
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