Wade v. Miller
Supreme Court of New Jersey
. This was an action of dower. The declaration was in the common form. There were two pleas. The first plea set up the following facts: That James W. Wade, the husband of demandant, on February 16th, 1861, and during coverture of demandant, executed a mortgage on said lands, to secure four thousand dollars, which he owed to the State Bank at Elizabeth, and which mortgage was recorded on -the twenty-seventh of May, 1861, but was not executed by demandant.
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. This was an action of dower. The declaration was in the common form. There were two pleas. The first plea set up the following facts: That James W. Wade, the husband of demandant, on February 16th, 1861, and during coverture of demandant, executed a mortgage on said lands, to secure four thousand dollars, which he owed to the State Bank at Elizabeth, and which mortgage was recorded on -the twenty-seventh of May, 1861, but was not executed by demandant. That James W. Wade, without demandant’s joining, executed and delivered, July 5th, 1861, a deed of bargain and sale of said lands, to one…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
The points which appear to be in controversy between these parties are disclosed in the first of the defendant’s pleas. The replication to that plea cannot be sustained. Its substance consists of a denial of the acceptance by the demandant of the deed alleged to have been made to her by Earl and wife. Such denial is not admissi*299ble, as the demandant is concluded, on that subject, by the record. The case made against the demandant, in the bill in chancery, was this: that the demandant claimed to have an interest, by virtue of this deed, in…
2Cases cited2 opinions
- Elwood v. KlockNew York Supreme Court · 1852
- Lewis v. SmithNew York Supreme Court · 1851
3Cited by2 opinions
- Skovborg v. SmithNew Jersey Superior Court Appellate Division · 1950
- In Re Reynolds' Est.Utah Supreme Court · 1936