Brice v. Brice
New York Supreme Court
In Eq.uj.ty. This was an appeal by the plaintiff from a decree of the late assistant vice chancellor of the first circuit. The plaintiff, on the second day of January, 1833, was the owner and in possession of a valuable farm in the town of New Scotland in the county of Albany, containing about 130 acres. On that day he conveyed the farm to his son James R. Brice, one of the defendants, “excepting thereout two acres, one granted to Mary Brice and the other to Margaret Brice.”
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In Eq.uj.ty. This was an appeal by the plaintiff from a decree of the late assistant vice chancellor of the first circuit. The plaintiff, on the second day of January, 1833, was the owner and in possession of a valuable farm in the town of New Scotland in the county of Albany, containing about 130 acres. On that day he conveyed the farm to his son James R. Brice, one of the defendants, “excepting thereout two acres, one granted to Mary Brice and the other to Margaret Brice.” The consideration expressed in the deed was $300, and the grant was declared to be “ subject to the support and…
1Opinion of the Court
By the Court, Harris, P. J.
The evidence in this cause shows that at the time the conveyances of the 2d of January, 1833, were executed, the plaintiff was the owner of a farm worth from six to eight thousand dollars, and had a considerable amount of personal property, consisting of stock, farming implements, &c: That the only incumbrances upon his farm were a mortgage which he had a few months previously executed to the New-York Life Insurance and Trust Company for $1800, and, perhaps, a judgment in favor of Mr. Wheaton for about $300 for a debt of his son James. That for several years James…
2Cases cited2 opinions
- Grimstone v. CarterNew York Court of Chancery · 1831
- Governeur v. LynchNew York Court of Chancery · 1830
3Cited by8 opinions
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- Francis v. WilkinsonIllinois Supreme Court · 1893
- Mott v. MottNew Jersey Court of Chancery · 1891
- Peppler v. RoffeSupreme Court of New Jersey · 1937
- Ingersoll v. RoeNew York Supreme Court · 1873
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