Elwood v. Klock
New York Supreme Court
The plaintiff brought this action to recover dower, as the widow of Henry Elwood deceased, in certain lands in Herkimer county. The action was referred by stipulation to a sole referee, upon whose report, judgment was perfected in favor of the plaintiff.
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The plaintiff brought this action to recover dower, as the widow of Henry Elwood deceased, in certain lands in Herkimer county. The action was referred by stipulation to a sole referee, upon whose report, judgment was perfected in favor of the plaintiff. The defendant derived title under sale upon the foreclosure of a mortgage executed by Henry Elwood, in his lifetime, to Jacob Failing, and assigned by the mortgagee to David and George Elwood, and by them to David H. Little, by whom it was foreclosed ; he becoming the purchaser of the mortgaged premises. The premises were conveyed by Little,…
1Opinion of the Court
By the Court, W. F. Allen, J.
It was not claimed upon the argument, that effect should be given to the certificate of the acknowledgment of the deed from the plaintiff to David and George Elwood. It was conceded that the original certificate was clearly defective, and insufficient to authorize the reading of the deed in evidence without further proof, and that the amendment of the certificatfe by the commissioner, several years after his term of office had expired, was a nullity. The only question, therefore, upon this branch of the case, is whether the due acknowledgment of the execution of…
2Cases cited4 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
- Dunham v. OsbornNew York Court of Chancery · 1829
- Croswell v. CraneNew York Supreme Court · 1849
3Cited by20 opinions
- Rogers v. . PellNew York Court of Appeals · 1898
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Hait v. HouleWisconsin Supreme Court · 1865
- Gilbraith v. GallivanSupreme Court of Missouri · 1883
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