Doe ex dem. De Peyster v. Howland
New York Supreme Court
Ejectment, for a lot in the city of Hew York; tried at New York circuit, in February, 1826, when the following facts were admitted: One Charlton and his wife were seised, in fee, of two adjoining lots in the city, (one ^ which is the premises in question,) under a conveyance made to them jointly during coverture. They had no children.
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Ejectment, for a lot in the city of Hew York; tried at New York circuit, in February, 1826, when the following facts were admitted: One Charlton and his wife were seised, in fee, of two adjoining lots in the city, (one ^ which is the premises in question,) under a conveyance made to them jointly during coverture. They had no children. On the 29th of April, 1804, they executed a conveyance of the two lots to Peter J. Munro, Esq., in fee, reciting their joint seism, and expressing their intent that should convey to Charlton in severalty ; but the deed *was not acknowledged by Mrs. Charlton…
1Opinion of the Court
Curia, per Savage, Oh. J.
Husband and wife holding lands by a conveyance to them, are not joint tenants. They are seised per tout, but not per mi. They are each owner of the whole, but not of the half. They must both join in a conveyance. They are both necessary to make one grantor; and the deed of either without the other is merely void.[1] The deed from Oharlton and wife, was signed by both; but as no interest in lands can be conveyed under our statute, by afeme covert, without the proper official acknowledgment; the signing and sealing, and ordinary acknowledgment before the witnesses, are…
2Cases cited3 opinions
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- People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838
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