Corwin v. Corwin
New York Supreme Court
This action was commenced in 1849, to recover two undivided eleventh parts of fifty acres of land, in the town of Riverhead, in Suffolk county, which the plaintiffs claimed in fee.
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This action was commenced in 1849, to recover two undivided eleventh parts of fifty acres of land, in the town of Riverhead, in Suffolk county, which the plaintiffs claimed in fee. The defendant put in an answer by which he showed that the plaintiff’s right to recover depended upon the validity of a deed given July 27th. 1801, by Isaiah Tuthill, the grandfather of the defendant, to Jabez Corwin, now deceased, the father of all the parties; the plaintiffs being sons of Ms second wife, and the defendant the son of his first wife, who was daughter of the said Isaiah Tuthill. The only…
1Opinion of the CourtBrown, J.
The deed from Isaiah Tuthill to Jabez Corwin of the 27th July, 1801, is not good as a bargain and sale, because it is not founded upon a pecuniary consideration. If operative to pass the title it must be as a covenant to stand seised to uses. Natural love and affection is a sufficient consideration to support such a use; but the consideration of love and affection must be founded upon the relation of blood. The marriage which had been consummated between the grantee Corwin and the daughter of Tut-hill the grantor, is not the marriage spoken of in the books, as the considerations Avhich will…
2Cases cited3 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Phelan v. KelleyNew York Supreme Court · 1841
- Jackson ex dem. Bowne v. HinmanNew York Supreme Court · 1813
3Cited by7 opinions
- Merritt v. MillardNew York Court of Appeals · 1868
- Poor v. HortonNew York Supreme Court · 1853
- Miller v. DeckerNew York Supreme Court · 1863
- Crane v. Elizabeth Library Ass'nSupreme Court of New Jersey · 1861
- Merritt v. MillardNew York Court of Appeals · 1868
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