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65 N.Y. 592

Roggen v. . Avery

New York Court of Appeals

Decided June 5, 1875

New York Court of Appeals · decided 1875-06-05

This was an action of ejectment. (Reported below, 63 Barb., 65.) Both parties claimed title under Mary R. Howe, a former owner. Plaintiff claimed under a deed not acknowledged or attested by a subscribing witness. Defendant was a purchaser from a devisee of Mary R. Howe.

Cited by 2 later decisions — most recently July 1888

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-06-05

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Earl, C.,

¶1 reads for affirmance; Lott, Ch. C., and Gray, 0., concur; Gray, C., upon the last ground discussed in the opinion.

¶2 Dwight, C., reads for reversal; Gray, C., concurs in the first ground discussed; Reynolds, C., not sitting.

¶3 Order of General Term affirmed and judgment absolute directed against plaintiff:

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