Den v. Gardner
Supreme Court of New Jersey
This was a case certified by the Circuit Court of the county of Hudson. The defendant married 'the widow and relict of Charles Chebsy deceased, the former owner of the premises in question.
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This was a case certified by the Circuit Court of the county of Hudson. The defendant married 'the widow and relict of Charles Chebsy deceased, the former owner of the premises in question. The executors of Charles Chebsy, under and by virtue of a power of sale vested in them by the will of their testator, on the 4th day of April, 1835, by a deed of bargain and sale duly executed, conveyed the premises to the defendant and his wife in fee; the conveyance being made to them jointly, after their intermarriage and during coverture ; and purporting to be in consideration of two thousand dollars,…
1Opinion of the CourtCarpenter, J.
I do not preeeive any great doubt or difficulty in this case. There is but one question in the cause. It is whether Charles Gardner, the defendant, to whom jointly with his wife during coverture a conveyance had been made of the premises in controversy, his wife still living had such an interest in these premises, as that heeould not alien or mortgage without her concurrence. The husband and wife, it is true, have -what is called a peculiar estate; peculiar, — for although conveyed to them jointly, they are not properly joiut tenants, neither are they tenants in common; it is a species of…
2Cases cited1 opinion
- Barber v. HarrisNew York Supreme Court · 1836
3Cited by7 opinions
- Cona v. GowerNew Jersey Superior Court Appellate Division · 1965
- Jensen v. Montemoino (In re Montemoino)United States Bankruptcy Court, M.D. Florida · 2012
- Dworan v. MiloszewskiNew Jersey Superior Court Appellate Division · 1952
- State v. United States CurrencyNew Jersey Superior Court Appellate Division · 1990
- King v. GreeneSupreme Court of New Jersey · 1959
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