Barnes v. Camack
New York Supreme Court
In Equity. On the 3d of May, 1841, the defendants Moses Camack and wife executed a mortgage to the plaintiff, to secure $300, upon a lot of land in Newburgh, thirty feet front and rear, and ninety feet deep. On the 6th of September, 1841, the same parties executed a mortgage to the defendant Brown for $1000, upon a portion of the same premises, and upon other lands.
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In Equity. On the 3d of May, 1841, the defendants Moses Camack and wife executed a mortgage to the plaintiff, to secure $300, upon a lot of land in Newburgh, thirty feet front and rear, and ninety feet deep. On the 6th of September, 1841, the same parties executed a mortgage to the defendant Brown for $1000, upon a portion of the same premises, and upon other lands. On the 1st of March, 1842, Moses Camack applied to the plaintiff to release from her mortgage a strip of ten feet on the westerly side of the lot mortgaged to her, alleging as a reason, that he had sold it to his brother James…
1Opinion of the CourtBarculo, J.
The first question arising in this case is, whether the testimony of Hannah Camack was properly received. The objection was distinctly taken before the examiner, and, although not insisted on at length on the argument, it is undoubtedly a valid one, according to well settled principles. The witness was the wife of the defendant Moses Camack, and was divorced from him, by a decree of the court of chancery made on the 28th' day of May, 1846, for the adultery of the husband committed in the year 1843. Her testimony relates to occurrences which took place in the years 1841 and 1842, while she was…
2Cases cited3 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Cornell v. LambNew York Supreme Court · 1823
3Cited by26 opinions
- Chamberlain v. . the PeopleNew York Court of Appeals · 1861
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Pearce v. BuellOregon Supreme Court · 1892
- Shaffer v. McCloskeyCalifornia Supreme Court · 1894
- Vannice v. BergenSupreme Court of Iowa · 1864
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