Legal Opinion

Ten Eyck v. Witbeck

New York Supreme Court

Decided July 11, 1891PublishedCited by 2 opinions

Appeal from circuit court, Albany county. Action by Maria Ten Eyck and Cornelius H. Slingerland against Catherine A. Witbeck and others. From a judgment for defendants, plaintiffs appeal.

1Opinion of the CourtLandon, J.

The complaint was in the nature of ejectment, although framed as in equity. Both parties claimed title to a farm in the town of Coeymans, Albany county; Peter W. Ten Eyck being the common source of title. On September 21,1871, Peter W. Ten Eyck conveyed the farm, through an intermediary, John FT. Carroll, to his wife, Elizabeth Ten Eyck. The deeds of conveyance were acknowledged on that day, and delivered, but were not recorded until January, 1883. The deeds expressed a consideration of $100, but none of it was paid. The farm was worth $20,000. Mr. and Mrs. Ten Eyck had two children,—the…

2Cases cited2 opinions

  1. Worthy v. . CaddellSupreme Court of North Carolina · 1877
  2. Hendy v. SmithNew York Supreme Court · 1888

3Cited by2 opinions

  1. Ten Eyck v. WitbeckNew York Supreme Court · 1893
  2. Ten Eyck v. WhitbeckNew York Supreme Court · 1895

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