Schum v. Burchard

The following is the opinion delivered at Trial Term:

Cropsey, J.:

The action is to remove a cloud on title. Both sides concede the decision turns upon the sufficiency of the acknowledgment to the deed under which defendant claims. Both sides claim title through a common grantor. The plaintiffs and their ancestor failed to record their deed, and the deed to defendant, though made many years subsequent, was recorded. If it was entitled to be recorded concededly the defendant should have judgment. The fact that the deed has been recorded does not prove it was properly acknowledged. (Armstrong v.…