Legal Opinion

Simmons v. . Havens

New York Court of Appeals

Decided March 2, 1886PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made January 25,1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 29 Hun, 119.) The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made January 25,1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 29 Hun, 119.) The nature of the action and the material facts are stated in the opinion. The defendant having title duly authenticated by written evidence, and being in possession of the lands in suit thereunder, as matter of law, cannot be ejected unless the plaintiff makes a clear case showing the execution and delivery of a prior deed duly acknowledged.…

1Opinion of the CourtRapallo, J.

This is an action of ejectment for certain land claimed by the plaintiff to have been conveyed to her by her mother, Jane Haskell, now deceased, in March, 1865, by a deed which is alleged to have been delivered by Jane Haskell to the plaintiff before her marriage to Simmons, but to have been, after its delivery to the plaintiff, wrongfully taken by Jane Haskell from the possession of the plaintiff and destroyed.

The alleged deed was never recorded, and after its alleged destruction Jane Haskell conveyed the same land to Havens, the defendant, who is in possession thereof, but it is claimed…

2Cases cited1 opinion

  1. Cary v. . WhiteNew York Court of Appeals · 1874

3Cited by29 opinions

  1. Hoag v. . WrightNew York Court of Appeals · 1903
  2. Griswold v. . HartNew York Court of Appeals · 1912
  3. Richardson v. . EmmettNew York Court of Appeals · 1902
  4. Hutton v. . SmithNew York Court of Appeals · 1903
  5. Britt v. HallSupreme Court of Iowa · 1902

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