Jackson ex dem. Peek v. Peek
New York Supreme Court
This was an action of ejectment, • tried at the Schenectady circuit in January, 1828, before the Hon. William A. Duer, then one of the circuit judges. Christopher Peek, the father of the defendant, was the owner of a farm in the town of Rotterdam.
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This was an action of ejectment, • tried at the Schenectady circuit in January, 1828, before the Hon. William A. Duer, then one of the circuit judges. Christopher Peek, the father of the defendant, was the owner of a farm in the town of Rotterdam. On the 20th November, 1815, he conveyed the whole of it (except five acres which he reserved for his daughters) to his sons, giving to each, by warranty deed, a portion in severalty; the premises in question being conveyed to the defendant. The sons, at the same time, severally executed to their father a bond •conditioned for the payment of $500,…
1Opinion of the Court
*303 By the Court,
Sutherland, J.
The material question in this case is, whether the deed from Christopher Peek to the defendant was a valid conveyance. It is alleged on the part of the plaintiff that it was a voluntary deed, the grantor being indebted at the time, and therefore void and inoperative. The case states, that after the testimony was closed the judge enquired whether the plaintiff’s counsel insisted that there was any fraud in fact in the conveyance to the defendant, to which they replied that they did not, but that they considered the conveyance fraudulent in law and void. The question…
2Cases cited1 opinion
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
3Cited by24 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Van Wyck v. SewardNew York Supreme Court · 1837
- Frink v. DarstIllinois Supreme Court · 1853
- Jackson, ex rel. Bigelow v. TimmermanNew York Supreme Court · 1831
- Rathbun v. RathbunNew York Supreme Court · 1870
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