Jencks v. Alexander
New York Court of Chancery
This was an appeal by D. Capron, one of the defendants, from a decree of the late vice chancellor of the seventh circuit, setting aside a statute foreclosure of a mortgage, with costs. In 1828, the defendant, Elisha Capron, who was a widower, having two sons by a former wife, intermarried with Sabra Jencks, a maiden lady, who had considerable property; and who died in 1834, without having had any issue.
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This was an appeal by D. Capron, one of the defendants, from a decree of the late vice chancellor of the seventh circuit, setting aside a statute foreclosure of a mortgage, with costs. In 1828, the defendant, Elisha Capron, who was a widower, having two sons by a former wife, intermarried with Sabra Jencks, a maiden lady, who had considerable property; and who died in 1834, without having had any issue. Soon after this marriage, E. Capron became insolvent, having spent the property which came to him by his second wife. In 1831, A. Smith, who had become the purchaser of a farm, upon a mortgage…
1Opinion of the Court
The Chancellor.
The complainants in this case, as the heirs at law of Mrs. Capron, are unquestionably entitled to the premises in controversy, if the mortgage to Alexander was not honestly and fairly, as well as legally, foreclosed. It is not very material to inquire whether the $500 paid on the mortgage, on the day of its date, was the separate and individual property of Mrs. Capron or not. For, by the provisions of the revised statutes, the equitable as well as the legal estate passed to the wife, subject to the marital right to the use and possession thereof by the husband during their…
2Cited by18 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Hurt v. CooperTexas Supreme Court · 1885
- Smith v. StrahanTexas Supreme Court · 1856
- Bunce v. ReedNew York Supreme Court · 1853
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