Legal Opinion

Wood v. . Wood

New York Court of Appeals

Decided January 25, 1881PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made July 18, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 18 Hun, 350.) This was an action to recover possession of certain premises, situate in the county of Suffolk, in possession of defendant Yelsor as tenant of defendant Wood.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made July 18, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 18 Hun, 350.) This was an action to recover possession of certain premises, situate in the county of Suffolk, in possession of defendant Yelsor as tenant of defendant Wood. The defendant claimed title and right of possession in defendant Wood as husband of plaintiff. The facts are sufficiently set forth in the opinion. This action…

1Opinion of the Court

Folger, Ch. J.

The premises in question were conveyed to the plaintiff by deed in 1844, for her natural life only. She was then, and ever since has been the wife of the defendant Wood, and they have had for years, children of their marriage. The deed, however, conveyed the premises to her, as and for her own separate estate free from the control of her husband. In addition to that, the defendant covenanted with the grantor, pari passu with the execution of the conveyance, and for a consideration expressed, that the plaintiff should hold the premises to her own separate and sole use, free from…

2Cases cited7 opinions

  1. Woodhull v. . RosenthalNew York Court of Appeals · 1875
  2. Westervelt v. . GreggNew York Court of Appeals · 1854
  3. Wright v. . WrightNew York Court of Appeals · 1873
  4. Darby v. . CallaghanNew York Court of Appeals · 1857
  5. Thompson v. BowersMichigan Supreme Court · 1844

2 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State v. LillyOhio Supreme Court · 1999
  2. Bennett v. BennettWest Virginia Supreme Court · 1892
  3. Mathewson v. MathewsonSupreme Court of Connecticut · 1906
  4. Carney v. GleissnerWisconsin Supreme Court · 1885
  5. People v. MortonNew York Court of Appeals · 1954

29 more not listed; retrieve them via the Exa API.

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