65 A.D. 496 | N.Y. App. Div. | 1901
On June 11, 1892, George F. Gminder and his wife, Augusta Gminder, the defendant in this action, made and executed a deed of certain premises to Mary Edlich. This deed was recorded on June 21, 1892, in the register’s office of Kings county without the knowl
The decision of the learned court that the plaintiff was “ at all the times mentioned in the complaint the owner in fee of all the premises described in the complaint, and is still the owner in fee of said premises, and entitled to the possession of the same,” is abundantly supported by the evidence. The evidence of the defendant that there was another Mary Edlich, who was the grantee intended, is so utterly devoid of probability, and is so inconsistent with all ■of the known facts in the case now before us that it could not be sustained except upon evidence which was beyond the reach of suspicion.
But the appellant urges that even if the plaintiff was the grantee intended in the original deed of June 11, 1892, there was no ■delivery and acceptance of the same, and it did not, therefore, operate to give the plaintiff title to the premises. It will be conceded that the acceptance of a deed by the grantee thereof is as necessary to a change of title as its delivery (Koehler v. Hughes, 148 N. Y. 507), but the rule is well established in this State that ‘“if the delivery to the third person be absolute, the grantor not reserving any future control over the deed, the estate passes; the assent of the grantee to accept the conveyance being presumed from the fact that
The judgment appealed from should be affirmed, with costs.
Goodrich, P. J., Bartlett, Hirschberg and Jenks, JJ., concurred.
Judgment affirmed, with costs.