Jackson ex dem. Wyckoff v. Humphrey
1 Johns. 498 | N.Y. Sup. Ct. | 1806
The judge before whom the proof of the deed was made, was a competent witness to prove that it was done in Canada ; and if that fact be established, the proof was illegal and void. The oath administered in Canada, was extra-judicial, and of no validity. The judge had no authority to administer an oath out of the jurisdiction of this state, nor could the witness, in such case, be indicted for perjury. Though the judge was a competent witness,
New trial granted.