Paige v. People
New York Court of Appeals
Thomas Paige was indicted, in the oyer and terminer, for forgery; and he demurred to the indictment for insufficiency. The indictment charged that defendant forged a deed dated January 7,1827, purporting to be executed by Thomas Rock to Ann Colorwiclc, purporting to convey certain real estate. The deed was set oiit in each count, in liceo verla, and purported to be signed “Thomas Rock, L. S.” Neither count alleged in express terms that the forged instrument was sealed.
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Thomas Paige was indicted, in the oyer and terminer, for forgery; and he demurred to the indictment for insufficiency. The indictment charged that defendant forged a deed dated January 7,1827, purporting to be executed by Thomas Rock to Ann Colorwiclc, purporting to convey certain real estate. The deed was set oiit in each count, in liceo verla, and purported to be signed “Thomas Rock, L. S.” Neither count alleged in express terms that the forged instrument was sealed. The different counts of the indictment varied, some of them charging the defendant simply with forging the deed, others…
1Opinion of the Court
By the Cohbt.-
Woodbuef, J.
The whole indictment is claimed to be defective, because in neither count is it in terms alleged that the forged instrument was, or purported to be, *442sealed; and that, if not sealed, it could not operate as a deed. Therefore, it is claimed that the ability to perpetrate a fraud thereby is wanting. People v. Shall, 9 Cow. 778. If void, it is no forgery. 17 Wend. 543; 8 Barb. 560.
• The words of the instrument set out in the indictment import a transfer of an interest in real estate. To the validity and efficiency of a grant in fee of a freehold estate to pass the -…
2Cases cited9 opinions
- People v. RathbunNew York Supreme Court · 1839
- People v. StearnsNew York Supreme Court · 1839
- Patterson v. WesterveltNew York Supreme Court · 1837
- People v. ShallCourt Of Oyer And Terminer New York · 1829
- People v. HarrisonNew York Supreme Court · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- Caccioppoli v. LemmoAppellate Division of the Supreme Court of the State of New York · 1912
- People v. HoytAppellate Division of the Supreme Court of the State of New York · 1911
- People v. Kalbfeld, New York County Courts1924