Heath v. . Hewitt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1888, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. This action was brought to recover one equal undivided eleventh part of certain lands described in the complaint.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1888, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. This action was brought to recover one equal undivided eleventh part of certain lands described in the complaint. The plaintiff asserted title by virtue of the following instrument: “ This indenture, made this twenty-eighth day of April one thousand, eight hundred and forty-six, between Benjamin Heath, of Locke, Cayuga county, H. Y., of the first part, and…
1Opinion of the CourtParker, J.
Appellant’s contention is that in as much as Warren Heath was living, a grant to his heirs was void for uncertainty, as there were no persons in being who could take under that description. It is essential to the validity of a grant that the parties be named in the deed, or so plainly designated as to distinguish them with certainty, and it is asserted that as there were no heirs of Warren Heath at the date of the deed “because no one can be heir during the life of his ancestor,” (Broom’s Legal Maxims, § 383), the grantees were neither named nor designated. Our attention is called to the rule…
2Cases cited2 opinions
- Cushman v. . HortonNew York Court of Appeals · 1874
- Vannorsdall v. Van DeventerNew York Supreme Court · 1867
3Cited by29 opinions
- Seymour v. BowlesIllinois Supreme Court · 1898
- Blackburn v. BlackburnTennessee Supreme Court · 1902
- Roberson v. WamplerSupreme Court of Virginia · 1905
- Tinder v. TinderIndiana Supreme Court · 1892
- Charlotte Harbor & Northern Railway Co. v. LancasterSupreme Court of Florida · 1915
24 more not listed; retrieve them via the Exa API.