Mutual Life Insurance v. Corey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to set aside a deed as a cloud upon plaintiff’s title. ‘ The facts, so far as material, are stated in' the opinion. The respondent had the burden of the proof.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 26, 1889, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to set aside a deed as a cloud upon plaintiff’s title. ‘ The facts, so far as material, are stated in' the opinion. The respondent had the burden of the proof. This suit was brought by it to set aside the deed from William G. Corey to his wife and' children, which is in all respects regular and valid on its face and is…
1Opinion of the CourtMaynard, J.
Unless the plaintiff is free to impeach the defendants’ deed, because it was never duly acknowledged, the judgment under review cannot stand. Both parties claim title by purchase from the same grantor; the defendants by a conveyance executed and recorded in 1873; the plaintiff by a mortgage given in 1877 and foreclosed in 1881. The defendants’ deed is, upon its face, perfect in every respect, and sufficient in form to convey an estate in fee in the lands described in it. The trial court has found that it was freely and voluntarily executed, and for a good but not for a valuable consideration.…
2Cases cited11 opinions
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- Jackson v. PerkinsNew York Supreme Court · 1829
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- Mutual Life Ins. v. CunninghamCourt of Appeals for the Eighth Circuit · 1937
- Speaker v. SpeakerNew York Supreme Court · 1933
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