Rexford v. Rexford
New York Supreme Court
This action was brought to set aside a deed, so far as it concerned the plaintiff, executed by herself and her husband to the defendant on the 21st day of December, 1864, of certain lands in Saratoga county, on the ground that she executed it under the influence of the threats of her husband, who died in December, 186Y. The judge, before whom the trial was had, found as a fact that plaintiff’s husband, before the deed was executed, requested her father to persuade her, to…
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This action was brought to set aside a deed, so far as it concerned the plaintiff, executed by herself and her husband to the defendant on the 21st day of December, 1864, of certain lands in Saratoga county, on the ground that she executed it under the influence of the threats of her husband, who died in December, 186Y. The judge, before whom the trial was had, found as a fact that plaintiff’s husband, before the deed was executed, requested her father to persuade her, to execute the deed, and directed him to state to her that if she did not sign the deed she would never have any peace with…
1Opinion of the Court
By the Court—
Miller, P. J.
Where parties occupy the relation of husband and wife, there should be strong evidence that the execution of a deed by the latter was procured by duress of the husband, to authorize a court to declare it invalid on that account. If declarations made by the husband to the wife are allowed to interfere with her solemn act and deed, they should be of such a character as to establish beyond any question that she acted under an apprehension of personal injury or some grievous wrong. If any other rule prevailed, there would be great hazard to purchasers in taking title…
2Cases cited3 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Newton v. McLeanNew York Supreme Court · 1863
- Wood v. BachNew York Supreme Court · 1869
3Cited by4 opinions
- Ring v. RingAppellate Division of the Supreme Court of the State of New York · 1908
- Finnegan v. FinneganCourt of Appeals of Tennessee · 1877
- Lord v. LindsayNew York Supreme Court · 1879
- Wettlaufer v. WettlauferAppellate Division of the Supreme Court of the State of New York · 1930