195 A.D. 59 | N.Y. App. Div. | 1921
This is an action in ejectment. The plaintiff is the mother of the defendant Levi Rock and mother-in-law of the defendant Lena Rock. Gilbert Rock, a witness sworn on the trial, is the husband of plaintiff and the father of the defendant Levi Rock and father-in-law of the defendant Lena Rock. On the 27th day of April; 1903, Sarah Ann Baker of the State of Illinois deeded to the defendant Levi Rock the real estate and premises described in the complaint in this action. Plaintiff claims to own this real estate upon which defendants reside and possession of which they have had since the date of the aforementioned deed, April 27, 1903, and which deed was recorded in the Clinton county clerk’s office May 25, 1903. Plaintiff bases her claim of title, first, upon a deed dated May 23, 1903, two days before the deed to defendant Levi Rock was recorded, purporting to have been given, made and executed by the defendants to Gilbert Rock, which deed was not recorded until November 7, 1917, and by him conveyed to plaintiff by deed dated November 8, 1917, and recorded on that day in the Clinton county clerk’s office. The trial of the action commenced on the 16th day of April, 1919, and resulted in a verdict of the jury in favor of the defendants. Motion was made by the plaintiff to set aside the verdict and for a new trial, which was denied. The only question litigated was, whether defendants signed, acknowledged and delivered the deed to Gilbert Rock, Jr., called herein Gilbert Rock. The notary whose name was- signed to the acknowledgment on the alleged deed to Gilbert Rock was called in behalf of the plaintiff and testified that it was his signature to the acknowledgment, but while he remembered the parties being before him some time for some business about papers they wanted executed
The judgment should be affirmed, with costs.
Judgment and order unanimously affirmed, with costs.