Perine v. Dunn
New York Court of Chancery
THE bill stated, that Simon Swaim, father of the plaintiff, Catharine Perine, and grandfather of the plaintiff, Simon S. Perine, being seised of a farm in Richmond county, and being about to marry a second wife,,the widow Dorothy G. who, having a considerable estate, had, in contemplation of the marriage, with the knowledge and assent of S. S. conveyed it to the use of her children, in consequence thereof, and in contemplation of the said marriage, and in consideration of…
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THE bill stated, that Simon Swaim, father of the plaintiff, Catharine Perine, and grandfather of the plaintiff, Simon S. Perine, being seised of a farm in Richmond county, and being about to marry a second wife,,the widow Dorothy G. who, having a considerable estate, had, in contemplation of the marriage, with the knowledge and assent of S. S. conveyed it to the use of her children, in consequence thereof, and in contemplation of the said marriage, and in consideration of natural love and affection for the plaintiff, Catharine, his only child, did, by his deed, bearing date the 14th of…
1Opinion of the Court
The cause stood over for consideration until this day.
The Chancellor.
The plaintiff, Catharine, seeks to set aside as void, the mortgage and judgment given to the defendant by her father, Simon Swaim; but if either of them were to be regarded as valid liens, she then prays that an account may be taken of what is due upon such lien, and that she may be let in to redeem.
She rests her claim to set aside the mortgage, &c. on her title, as owner of the land, under a deed from her father of the 14th of November, 1794. The bill was originally against him, as well as Dunn, the mortgagee, but Swaim…
2Cited by6 opinions
- Swaine v. PerineNew York Court of Chancery · 1821
- Jackson v. LodgeCalifornia Supreme Court · 1868
- Swaine v. PerineNew York Court of Chancery · 1821
- Jordan v. GillenSupreme Court of New Hampshire · 1860
- In re RainsfordDistrict Court, N.D. New York · 1871
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