Clark v. . Owens
New York Court of Appeals
Appeal from the Supreme Court. Action to recover possession of land in Oneida county. The answer set up a lease of the premises, “ executed February 3, 1791, by George and Edward Clark, under whom only said plaintiff claims, to Mathias Houcke for the period of thirty-one years certain, and further for and during the term and period of the natural life of the lessee, of John Lake and Henry Houcke, and for and during the natural life of the longest liver of them, which said…
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Appeal from the Supreme Court. Action to recover possession of land in Oneida county. The answer set up a lease of the premises, “ executed February 3, 1791, by George and Edward Clark, under whom only said plaintiff claims, to Mathias Houcke for the period of thirty-one years certain, and further for and during the term and period of the natural life of the lessee, of John Lake and Henry Houcke, and for and during the natural life of the longest liver of them, which said lease is still subsisting, and the term aforesaid thereof still unexpired, which lease, subsequently and before the…
1Opinion of the CourtSelden, J.
The first question presented in this case is, whether the lease from George Clark to Mathias Houcke was properly admitted in evidence as an ancient deed without proof of its execution. It is conceded that proof of thirty years uninterrupted possession under a deed will entitle it to be read in evidence without its execution being otherwise established; but it is insisted, that there being "no such proof in this case, the lease was improperly admitted. On looking into the cases, however, it will be seen that possession is by no means the only evidence by which the authenticity of a deed,…
2Cited by14 opinions
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- Courtney v. McGavockWisconsin Supreme Court · 1869
- Karstens v. KarstensAppellate Division of the Supreme Court of the State of New York · 1898
- Warren v. RobisonUtah Supreme Court · 1899
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