Camp v. Gifford
New York Supreme Court
THIS is an action in equity, and was tried by the court, without a jury. The following facts were found by the court: 1st. That Abner W. Camp, late of the town of Dunkirk, died the owner in fee simple of the lands and premises described in the complaint. That he left a last will and testament, which has been duly admitted to probate, by and before the surrogate of Chautauqua county.
Read the full summary
THIS is an action in equity, and was tried by the court, without a jury. The following facts were found by the court: 1st. That Abner W. Camp, late of the town of Dunkirk, died the owner in fee simple of the lands and premises described in the complaint. That he left a last will and testament, which has been duly admitted to probate, by and before the surrogate of Chautauqua county. That in and by such last will and testament, he devised the use of all his property, including such premises, to the plaintiff, a brother of the testator, for and during his natural life, and the remainder over to…
1Opinion of the CourtBarker, J.
The fundamental legal proposition presented upon the foregoing facts is — did the plaintiff have and retain a lien, in equity, upon the premises conveyed by him to his daughter, as a security for the performance of her promise to support and maintain her mother, the wife of the plaintiff, during her natural life ? The only consideration for the deed was such promise. No money consideration was stipulated for, by the terms of the bargain and sale.
The plaintiff’s whole case rests upon the truth of this proposition. If the same cannot be affirmed as being the law in this state, then he has…
2Cases cited4 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- McKillip v. McKillipNew York Supreme Court · 1850
- Hare v. Van DeusenNew York Supreme Court · 1860
- Coit v. FougeraNew York Supreme Court · 1862
3Cited by2 opinions
- Hubbell v. . HenricksonNew York Court of Appeals · 1903
- Binghamton Sav. Bank v. WhiteNew York Supreme Court · 1895