White v. Wager
New York Court of Appeals
This case came before the Supreme Court upon the submission of a controversy, pursuant to § 372 of the Code of Procedure. The plaintiff claimed to recover $2,600, and interest, being the consideration of a conveyance, executed by the defendant to him the 19th February, 1855, of fifty-two acres of land. The conveyance was by deed, containing a covenant of seisin and of warranty.
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This case came before the Supreme Court upon the submission of a controversy, pursuant to § 372 of the Code of Procedure. The plaintiff claimed to recover $2,600, and interest, being the consideration of a conveyance, executed by the defendant to him the 19th February, 1855, of fifty-two acres of land. The conveyance was by deed, containing a covenant of seisin and of warranty. The case states that the defendant'derived title to the land as follows: “On the 15th day of August-1849, and before that time, Calista Wager, then being the wife of the said defendant, was seised in fee of the said…
1Opinion of the CourtDenio, J.
It is an established doctrine of the common law, that, in consequence of the unity of person between husband and wife, neither the husband nor the wife can grant, the one to the other, an estate in possession, reversion or remainder, to take effect" in possession during the life time of the grantor. (Littleton, § 168; Co. Litt., 3, a, 112, a; Hargrave’s Note, 12, and cases referred to; Bell on Property of Husband and Wife, 470; Firebrass v. Pennant, 2 Wils., 254; Shepard v. Shepard, 7 John. Ch., 57; Voorhees v. The Presbyterian Church of Amsterdam, 17 Barb., 103, and cases cited by Hand, J.;…
2Cases cited5 opinions
- Shepard v. ShepardNew York Court of Chancery · 1823
- Meriam v. HarsenNew York Court of Chancery · 1847
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
- Simmons v. McElwainNew York Supreme Court · 1857
- Dempsey v. TyleeThe Superior Court of New York City · 1854
3Cited by1 opinion
- Busch v. BuschNew York Court of Common Pleas · 1884