Chamberlain v. Spargur
New York Supreme Court
Appeal from a judgment in favor of the defendants, establishing his title to certain real property, entered upon the trial of this action by the court without a. jury. Mary L. .Woodward, one of the defendants in the case, originally owned the lands and premises in question, which were situate in tlie town of Allegany, in the county of Cattaraugus, and which were placed by her husband in the charge .of one William Iiowe for sale.
Read the full summary
Appeal from a judgment in favor of the defendants, establishing his title to certain real property, entered upon the trial of this action by the court without a. jury. Mary L. .Woodward, one of the defendants in the case, originally owned the lands and premises in question, which were situate in tlie town of Allegany, in the county of Cattaraugus, and which were placed by her husband in the charge .of one William Iiowe for sale. Howe, in conjunction with his partner, Hoxie, made an-arrangement with one John J. Moore, whereby Moore was to purchase and take a deed of the property at the price…
1Opinion of the Court
.Hardin, J.:
The principal question in this case calls for a construction of ¡section 13Y of article 4 of title 2 of chapter 1 of part 2 of the Revised Statutes.
Mrs. Woodward signed her name to a deed, March, 186Y, but the same was not attested or acknowledged. It was taken into posses-sion by her husband, and delivered and put upon record. Subsequently she conveyed and leased to other parties. The statute referred to is, viz.: “ Every grant in fee of a freehold estate should be subscribed and sealed by the person from whom the estate or in"terest conveyed is intended to pass, or his lawful…
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