Jackson v. Osborn
New York Supreme Court
This was an action of ejectment, tried at the Monroe circuit, in March, 1826, before the Hon. John Birdsall, one of the circuit judges. On the part of the plaintiff was produced a deed for the premises in question, bearing date the 10th August, 1791, purporting to he executed by Nathan Wood and Betty Wood to Israel Gibbs, junior, and to which appeared the names of Caleb Rogers and Joel Wood, as subscribing witnesses.
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This was an action of ejectment, tried at the Monroe circuit, in March, 1826, before the Hon. John Birdsall, one of the circuit judges. On the part of the plaintiff was produced a deed for the premises in question, bearing date the 10th August, 1791, purporting to he executed by Nathan Wood and Betty Wood to Israel Gibbs, junior, and to which appeared the names of Caleb Rogers and Joel Wood, as subscribing witnesses. On the deed was a certificate of proof in these words : “ On this 8th September, 1826, personally appeared before me, Joshua Fairbanks, a commissioner to take acknowledgment of…
1Opinion of the Court
By the Court, Sutherland, J..The act concerning deeds, (1 R. L. 369,) directs, that where a deed is offered to be proved by the subscribing witness, “ such proof shall not be taken unless the officer shall know the person making such proof, or have satisfactory evidence that he is a subscribing witness to such deed, &c. and that such witness know the person who executed the same; all of which shall be inserted in the certificate of acknowledgment or proof: and in case of *558the examination of witnesses, it shall be the duty of such offi- ■ cer to set forth in such certificate what witnesses were…
2Cited by37 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- People of State of New York v. . McGloinNew York Court of Appeals · 1883
- People v. . MorrisonNew York Court of Appeals · 1909
- Bailey v. TaylorSupreme Court of Connecticut · 1836
- Meyer v. Missouri Real Estate CommissionMissouri Court of Appeals · 1944
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