New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-30
COURT OF APPEALS.
NOTES Of RECENT DECISIONS.


Upon the question Of the practical location OF aud
scs,cet IN the boundary line some e.n rnies long b.
lands 40 o Il being wild sud pied He'd that I'll. iop
and other evidence below mentioned we're severshy III
ussbe against defendants claiming under tbs RoohstS
An ss,eement dated jane g. lr1S between Trustee. n
part Of the ppre,or Of the Hsrdeubirh Patent q
u, cner nat eoanSaiy M s Te a 9 KSr All
owners in the Hardenbursh Patent could De i'lAi
Field Of the line pursuant such sseerent which
hso been preserved the town records OF Rochester ana
were not OheIw Sc sutbephCatsd; -
deed presysd such records dated February 49, iITs
pup be executed by the three parsons named therein -
Trustees Rochester and in fact executed BY two Of thsn "
by ehode OF the Il the put aud BY three oi
the Hard.nbursh popes Of the other referring TO the agree
above stated describing the line un5ef H. add spia
in, that it should boundary Of Rcheer ony
with to the parties OF the second part under whom th'
DEEDS from The Trustees feehodsr. Rochester in
and enc 81 them conveying lend upo the reco nderston
that land formerly conveyed 70 ne grantee .li ne settling
Staten records Of Rochester Of other convey
and Of the Payneat Of moneys On he ''ae eoS'd''
The acceptance by ply wrder whom The defendant. cs%
81 cases fom the f'-t, srsnor OF snd h ute 70 snlcn
drp,uo NJ he .isbshnent Of the settlement line, hodst
Il I'D elde the ea' in qu and mis- tensny had ceased
The "a hs, The psr.on. Hsm.d as reenoder.
deed such sufficiently proved by heir .'oois,ioe
a pes sstSs M Si d se town
Trustrl Of Roch s,er hodps the legal title and BY their
~ the Inhabitants Of the town for more than twenty i've
mept deed more hsn paro agreement between tho parties ~
10 the boundary
The elect acquescepce confpei parts o. ID,
Ire there had been actual occupation ohcr dstat
Of local claim recosoiton, but line with such pi5
lefty early de'stsd ard generally recognized aud scf
ed by those concerned by repeated and uequivocs eo
period (oveT seventy years In th,s s@l must COZ
trrl whether passes through cultivated wild laud.
The the preamble to tbs statute Of IN App
IN that ancient practice record deeds upon
acknOwledgmeut proof before member ~ bis majesys
coune warrants The presumption that such officer had tar 10
The certifca;e Of member the kings Council bearing
date in MS stating that the tnes. declared that he ss~ the
sligo. zeal and deliver the deed, b be presumed that
bic declaration VAS made under oath
that the q Oct 81 i7i0 Is s. App 3d. was
g qr S.. d proved sSS sia b Il s H'
violence by the act Of Feb. d, 1893. OR App D
a. will Ell proved before Gov Bucett in wa By the oath
II the three subscnbg witnesses that he saw toe ss-
IT, and the other Witnesses subscribe as witnesses la
the pressnce q the This sufficient common law
sud the cooi a statute did not prescribe wha proof SGad be
required
Previous 10 the February H. 1877 IL
that the certificate Of proof Of deed should state that the officer
absence Of sa:uoTy requirement. Le practice Of emaeGt
Jurs In certifying the proof Of deeds without s,sns those
facts Is cOnouye the validity OF certbeat- under
the then eyistinslaw.
unconditional eosentnt convey lands m,de 10 1872 CON
able title sn6 though legal c9nsdsrs
Otherwise Than by the seal within the recording ac 90 ~
TO allow resdine and eyemp cacnt thereof in sden
The in tie fca,o Of probate II will IN irr
that toe person taking Lad been theeunto delegated ~ NE
soycno and continued in Office by proclamation Of his C.
cesor clt statement Of bis title aud authority de-
certificate Of scl in October si3 stating that
edgiDg parties known b the officer M pr
described in the deed bt rot stating that they were known
him the persons who executed the deed Is sufficient
The e 1850 requiring the certificate Of the clerk Of tho
county which udge Of the Common Pea' no, coans-o
rad in another county does not apply sckno~sds
msuts by such ofcers before tbs psssaee ~ that a
property Of married Of sttora'y 70 cou
ysy land executed by wife 10 her husband VALID sa',