Torrey v. Torrey
New York Court of Appeals
Action, in the nature of ejectment, to recover possession of about seventy-six acres of land in Manlius, Onondaga county. The jury found a special verdict, to the effect that Dan Torrey, now deceased, was formerly seized in fee of the premises, and that, on the 10th day of September, 1847, he conveyed them in fee to his two sons, Harvey W. Torrey, the defendant, and Orrin D. Torrey, the plaintiff, who was then the wife of Dan Torrey, joining in the deed.
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Action, in the nature of ejectment, to recover possession of about seventy-six acres of land in Manlius, Onondaga county. The jury found a special verdict, to the effect that Dan Torrey, now deceased, was formerly seized in fee of the premises, and that, on the 10th day of September, 1847, he conveyed them in fee to his two sons, Harvey W. Torrey, the defendant, and Orrin D. Torrey, the plaintiff, who was then the wife of Dan Torrey, joining in the deed. In consideration of this conveyance, the grantees therein, on the same day, leased the premises to Dan Torrey and his wife, the plaintiff,…
1Opinion of the CourtDenio, C. J.
The conveyance of the defendant and O. D. Torrey to Dan Torrey and the plaintiff, his wife, is not set out in terms in the special verdict. It is probable, from the statement of the substance of it, that the estate was limited to the two grantees during their joint lives, with remainder to the survivor during his or her life. But if the conveyance is to the two and their representatives during the life of the last survivor, the effect is the same. Where land is conveyed to husband and wife, they do not take as joint tenants or as tenants in common; for, being considered *432as one person in law,…
2Cases cited4 opinions
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- Barber v. HarrisNew York Supreme Court · 1836
- Doe ex dem. De Peyster v. HowlandNew York Supreme Court · 1828
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