Ballou v. . Ballou
New York Court of Appeals
Appeal by defendants, separately, from judgmemt of the General Term of the Supreme Court in the fourth judicial department, made October Y, 1884, which affirmed a judgment, in favor of plaintiff, entered upon the report of a referee. This action was brought to set aside two deeds, one from William P. Ballou to defendant Charlotte Ballou, dated June-Y, 1851, and one purporting to be from William P. Ballou and' plaintiff, his wife, to defendant Theodore P. Ballou.
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Appeal by defendants, separately, from judgmemt of the General Term of the Supreme Court in the fourth judicial department, made October Y, 1884, which affirmed a judgment, in favor of plaintiff, entered upon the report of a referee. This action was brought to set aside two deeds, one from William P. Ballou to defendant Charlotte Ballou, dated June-Y, 1851, and one purporting to be from William P. Ballou and' plaintiff, his wife, to defendant Theodore P. Ballou. The material facts are stated in the opinion. A deed given in payment of an existing debt is given for a money consideration, and…
1Opinion of the CourtDanforth, J.
So far as material to the question presented by this appeal, the record shows that William P. Ballon and Theodore P. Ballou were brothers ; that on the 7th of June, 1851, William P. Ballou executed an instrument, which, on its face, purported to be an absolute deed to Charlotte Ballou, the wife of Theodore P. Ballou, conveying premises known, in part, as the Horthrup farm, but also including by description other land. It expressed a consideration of $5,000, but was, in fact, executed upon an agreement between William and Theodore P., to which Charlotte was not a party, and was intended to he…
2Cases cited2 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Ballou v. . BallouNew York Court of Appeals · 1879
3Cited by1 opinion
- Decker v. . VreelandNew York Court of Appeals · 1917