1 N.Y. 77
Decided November 5, 1847
New York Court of Appeals · decided 1847-11-05
The question was mainly one of boundary between the premises owned by the plaintiff and Weiant respectively; and on the trial it became material to the plaintiff’s case to introduce in evidence a deed of the premises in question, or of adjoining lands, executed in 1836, and acknowledged before a Commissioner of Deeds for the County of Orange. The Judge rejected the evidence because there was no certificate of the Clerk of Orange County pursuant to 1 R. S. 759, § 18.
Decided 1847-11-05
¶1 After deliberation, all the Judges were of opinion that the question in regard to the admissibility of the d,eed in evidence was properly decided at the Circuit.
¶2 Jewett, Cit. J., and Gardiner, Wright, and Gray, Js., were for reversing the judgment on another ground.
¶3 Bronson, Ruggles, Jones, and Johnson, Js., were for affirmance.
¶4 Judgment affirmed.