Chase v. . Peck
New York Court of Appeals
Appeal from the Supreme Court. Ejectment for one hundred acres of land in Otsego county. The plaintiff made title under a sheriff’s sale, made June 12th, 1849, upon execution on a judgment against Alonzo Aylesworth, which became a lien on the land in question on the Slst of May, 1848. On the trial it was proved that Alonzo Aylesworth acquired title to the land by deed, from Isaac Howland and Sarah his wife,dated August 11, 1843. On that day they, being very aged persons,…
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Appeal from the Supreme Court. Ejectment for one hundred acres of land in Otsego county. The plaintiff made title under a sheriff’s sale, made June 12th, 1849, upon execution on a judgment against Alonzo Aylesworth, which became a lien on the land in question on the Slst of May, 1848. On the trial it was proved that Alonzo Aylesworth acquired title to the land by deed, from Isaac Howland and Sarah his wife,dated August 11, 1843. On that day they, being very aged persons, conveyed the land to Aylesworth (who was their grandson) for the nominal consideration of one dollar. Nothing was paid in…
1Opinion of the Court
Dentó, J.
The determination of this case will depend upon the character of, and the effect to be attributed to, the instrument executed by Alonzo Aylesworth to Isaac and Sarah Howland, at the same time that the latter conveyed to him the premises in controversy. From the two papers, taken together,- it is apparent that it was parcel of the consideration, upon which the conveyance was executed, that Aylesworth, the grantee, should support the grantors during their joint and several lives, The paper signed by him professes, in the first place, to pledge the entire use of the farm for…
2Cases cited5 opinions
- In re HoweNew York Court of Chancery · 1828
- Phyfe v. RileyNew York Supreme Court · 1836
- Arnold v. PatrickNew York Court of Chancery · 1837
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Warner v. Van AlstyneNew York Court of Chancery · 1831
3Cited by63 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Winne v. . WinneNew York Court of Appeals · 1901
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Payne v. . WilsonNew York Court of Appeals · 1878
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