Crue v. Caldwell
Supreme Court of New Jersey
On error to the Hudson County Circuit Court. Prior to the 8th day of March, 1862, Janet Caldwell and her son, John, were seized in fee, as tenants in common in equal shares, of a lot of land situate on a corner of South Seventh street and Newark avenue in Jersey City. By deed dated on that day, containing full covenants, Mrs. Caldwell, with her husband, Francis, conveyed her undivided half of that lot to the son, John, in fee.
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On error to the Hudson County Circuit Court. Prior to the 8th day of March, 1862, Janet Caldwell and her son, John, were seized in fee, as tenants in common in equal shares, of a lot of land situate on a corner of South Seventh street and Newark avenue in Jersey City. By deed dated on that day, containing full covenants, Mrs. Caldwell, with her husband, Francis, conveyed her undivided half of that lot to the son, John, in fee. By another deed, dated on the same day, John conveyed to his father the entire lot for the father’s life, and, at the same time, made a mortgage of the whole property…
1Opinion of the Court
The opinion of the court was delivered by
The Chanoellok.
This case may be disposed of upon the exception to the court’s direction to the jury to return a verdict for the plaintiff, and the assignment of error thereon.
The direction must have been given upon the assumption that the mortgage to Mrs. Caldwell’s daughters was a gift causa mortis.
To establish it as such a gift, it was necessary to show, not only that it was in fact a gift, but, also, that at the time it was given, Mrs. Caldwell apprehended the near approach of her death. These facts were controverted. The proofs concerning them were…
2Cases cited4 opinions
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Montclair v. DanaSupreme Court of the United States · 1883
- Ingersoll & Brother v. Hahne & Co.New Jersey Court of Chancery · 1917
- Neuendorff v. World Mutual Life InsuranceNew York Court of Appeals · 1877
3Cited by12 opinions
- Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
- Bittle v. Camden & Atlantic RailroadSupreme Court of New Jersey · 1893
- Meyer v. MadreperlaSupreme Court of New Jersey · 1902
- American Saw Co. of New York v. First National BankSupreme Court of New Jersey · 1897
- Baumann v. Hamburg-American Packet Co.Supreme Court of New Jersey · 1902
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