Spencer v. . Carr
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the seventh district, affirming the judgment of the Special Term in favor .of the defendant. On the 19th day of July, 1856, Mary Ann Carr was the owner of certain real estate, and on the same day, together with her husband, made and executed a mortgage on the same.
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Appeal from the judgment of the late General Term of the Supreme Court, in the seventh district, affirming the judgment of the Special Term in favor .of the defendant. On the 19th day of July, 1856, Mary Ann Carr was the owner of certain real estate, and on the same day, together with her husband, made and executed a mortgage on the same. The same premises were, November, 1856, by deed, duly recorded, conveyed by the defendants, Mary Ann Carr and her husband, to the infant defendant, Henrietta, then being about six years of age. On or about the 28th day of January, 1867, the said Mary Ann…
1Opinion of the Court
By the Court—Beckham, J.
It is urged that the infant, Henrietta, under the facts of this case, conveyed her interest in the property, when she signed the name of her mother to the deed,, to the plaintiff. The deed was executed by her father and mother, and conveyed, and assumed to convey, only their interest in the premises.
It is insisted that this was a fraud upon the plaintiff, practiced by Henrietta, and that in equity, her rights are made subject to the plaintiff. In other words, that she is estopped, by reason of her fraud, from setting up her title as against the plaintiff’s claim.
If one…
2Cited by22 opinions
- Bourquin v. BourquinSupreme Court of Georgia · 1900
- Estate of Tetsubumi YanoCalifornia Supreme Court · 1922
- Vaughan v. GodmanIndiana Supreme Court · 1884
- Saltzsieder v. . SaltzsiederNew York Court of Appeals · 1916
- Hall v. HallSupreme Court of Missouri · 1891
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