Hiles v. Fisher
New York Supreme Court
Case submitted on agreed statement. Submission, without action, of a controversy between John E. Hiles and William R. Fisher and Maria J. Fisher. Judgment for plaintiff. The defendants are, and for the past 30 years and up-wards have been, husband and wife.
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Case submitted on agreed statement. Submission, without action, of a controversy between John E. Hiles and William R. Fisher and Maria J. Fisher. Judgment for plaintiff. The defendants are, and for the past 30 years and up-wards have been, husband and wife. On or about the 22d March, 1866, the defendants, by a deed to them as husband and wife, took title to a farm of about 44 acres in the town of Dry den, Tompkins county, N. Y., which they have ever since occupied and possessed as their home 'under said deed, with no other title. This deed runs to “William R. Fisher, of the town, county, and…
1Opinion of the CourtMerwin, J.
This is, in substance, an action by the plaintiff to recover the possession of certain real estate, and to have the nature *797and extent of his interest therein declared. A defense is interposed both in a legal and equitable aspect. The plaintiffs rights depend upon the extent of the power of the mortgagor to convey or transfer his interest in the property. By the case of Bertles v. Nunan, 92 N. Y. 152, it is settled that under a deed like the one here to the defendants the husband and wife take as tenants by the entirety, and that upon the death of either the survivor takes the whole estate. _…
Also in this document: Concurrence.
2Cases cited15 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Chandler v. CheneyIndiana Supreme Court · 1871
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Barber v. HarrisNew York Supreme Court · 1836
- Lawrence v. BayardNew York Court of Chancery · 1838
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3Cited by1 opinion
- Bilder v. RobinsonNew Jersey Court of Chancery · 1907