15 Wend. 545 | N.Y. Sup. Ct. | 1836
By the Court,
The facts in the bill of exceptions are abundantly sufficient to justify the charge of the court below, and the verdict of the jury. No one can doubt} from the account of the execution of the deed given by the commissioner, in connection with the previous preparation of it at the instance of Scrugham, that it was the understanding and intent' of all parties at the time of the execution and acknowledgment, that it was delivered, or in other words, that the family settlement was complete.
The position to be found in the learned commentaries of Chancellor Kent, 4th vol. 455, 6, that “ if both parties be present, and the usual formalities of execution take place, and the contract is to all appearance consummated without any conditions or qualifications annexed, it is a complete and valid
Judgment affirmed.