Eliza W. Knolls, Respondent v. Lydia Barnhart, Appellants

Summary

The Court of Appeals affirmed the General Term's order, granting the plaintiff's partition and accounting relief. It held that a recorded deed is not deemed delivered when the grantee never possessed, no claim was made, and the grantor and his heirs remained in undisturbed possession for over forty years, creating a contrary presumption of non‑delivery or reconveyance. The widow, as dowress and guardian in socage, could not acquire title or mortgage benefits for her individual benefit, and her payments did not extinguish the heirs' interests.