Farmers & Mechanics' National Bank of Rochester v. Gregory
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, a judgment creditor of the defendant James H. Gregory, after the return of an execution issued upon such judgment unsatisfied, to set aside certain conveyances of real estate ; to have the lands sold, and the proceeds applied to the payment of the plaintiff’s judgment, &c..
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, a judgment creditor of the defendant James H. Gregory, after the return of an execution issued upon such judgment unsatisfied, to set aside certain conveyances of real estate ; to have the lands sold, and the proceeds applied to the payment of the plaintiff’s judgment, &c.. The referee to whom the action was referred found the following facts and conclusions of law, to wit: That on the 28fch day of June, 1864,_ the defendant James H. Gregory, was the owner in fee of two parcels of land,…
1Opinion of the Court
By the Court, J ohnson, J.
To my mind it is a very clear proposition that our recent statutes for the better protection of the separate property of married women, have no relation to, or effect upon, real estate conveyed to husband and wife jointly. This was so held by Sutherland, J. at special term in Goelet v. Gori, (31 Barb. 314.) In such a case the wife has no separate estate, but is seised with the husband of the entirety ; neither having any separate or severable part or portion, but the two, as one in law, holding the entire estate.
They hold thus not as joint tenants, or as tenants in…
2Cases cited4 opinions
- Stevens v. StevensNew York Supreme Court · 1819
- Jackson ex dem. Suffern v. McConnellNew York Supreme Court · 1838
- Torrey v. . TorreyNew York Court of Appeals · 1856
- Goelet v. GoriNew York Supreme Court · 1860
3Cited by14 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Marburg v. ColeCourt of Appeals of Maryland · 1878
- Cole Manufacturing Co. v. CollierTennessee Supreme Court · 1895
- Fogleman v. ShivelyIndiana Court of Appeals · 1892
- Kunz v. KurtzCourt of Chancery of Delaware · 1899
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