33 Barb. 491 | N.Y. Sup. Ct. | 1860
By the Court,
The evidence of the loss of the deeds from Benjamin Sands and his wife to John Sands was sufficient to admit paroi proof of their contents ; 'and one of the principal questions we have to. consider, is whether the paroi testimony of their contents was sufficient to' entitle the plaintiffs to recover upon them. One of the subscribing witnesses to the deeds testified that at the time of their execution Benjamin Sands, the grantor, told him the deeds conveyed the premises which are the subject of this action, and Joseph Sheffield, a witness called by the plaintiffs, testifies that at about the time of their execution. John Sands, in the presence and hearing of Benjamin Sands, the grantor, handed him two deeds to get recorded, mehtioning the land which they conveyed; and the witness took them with him to his house, and after retaining them a day or two returned them to J ohn Sands, without having had them recorded ; that while he had the deeds in his possession he read them; that they were from Benjamin Sands and wife to John Sands, were executed by the grantor’s, and were for the premises in question. The fact that Benjamin Sands was the owner of the premises at the time these deeds are alleged to have been executed was not disputed, and it appears that a year or two after that time, when J ohn Sands was erecting a house upon one of the parcels of land in question, Benjamin Sands told the person from whom John was ]3urchasing lumber for that house, that John had the deed for that and two other lots, and was perfectly safe. It also appeared that in the year 1818, Benjamin Sands offered to pay debts which John had incurred, provided John would
In the case at bar, it does not appear that the deeds from Benjamin Sands to John Sands contained any covenant of warranty, and John Sands entered into possession of'the premises upon the delivery of the deed to him, and Benja
Heither was it more necessary in his case than m that of any stranger to the title that the conveyance under wMch Ms adverse possession commenced should be valid. It was sufficient if he “clearly, unequivocally and notoriously” claimed absolute title under it to the exclusion of all right, title or interest in John Sands. It is wholly immaterial
Lott, Brown and Scrugham, Justices.]
A new trial should be ordered, costs to abide the event.