Spalding v. Hallenbeck
New York Supreme Court
MOTION for a new trial, on a case and exceptions. The action was brought to recover the possession of a farm in the town of Fulton, Schoharie county, and was tried at the Schoharie circuit, in May, 1858. On the 22d of March, ' 1856, the plaintiff and his wife, being the owners in fee of the premises in question, duly executed a warranty deed thereof to the defendant Hallenbeck, which deed recited that it was “ in consideration of the covenants and conditions hereinafter…
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MOTION for a new trial, on a case and exceptions. The action was brought to recover the possession of a farm in the town of Fulton, Schoharie county, and was tried at the Schoharie circuit, in May, 1858. On the 22d of March, ' 1856, the plaintiff and his wife, being the owners in fee of the premises in question, duly executed a warranty deed thereof to the defendant Hallenbeck, which deed recited that it was “ in consideration of the covenants and conditions hereinafter contained.” The conditions specified in the deed were as follows: “ This conveyance is made upon the express condition, and…
1Opinion of the Court
By the Court, Gould, J.
In a late decision of this court, we have held that there must he a consideration for every deed; and that for a deed of bargain and sale, that consideration must be what the law calls a valuable one, as contra-distinguished from what it styles a good consideration. And also, that by the earlier decisions, as well as by the latest, such consideration may be either expressed in the deed, or proved independently of it. It is also true, that where a particular consideration, and that only, is expressed in a deed, it cannot be contradicted by proof that there was not that…
2Cases cited2 opinions
- Aikin v. Albany, Vermont & Canada RailroadNew York Supreme Court · 1857
- Jackson ex dem. v. FlorenceNew York Supreme Court · 1819
3Cited by8 opinions
- Schneider v. TurnerIllinois Supreme Court · 1889
- Schneider v. TurnerAppellate Court of Illinois · 1888
- Coykendall v. KelloggNorth Dakota Supreme Court · 1924
- Spaulding v. HallenbeckNew York Supreme Court · 1862
- Calhoun v. CalhounAppellate Division of the Supreme Court of the State of New York · 1900
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