Conde v. Shepard
New York Supreme Court
—The complaint is for the foreclosure of a mortgage made by the defendants on the 10th of May, 1848. It is alleged that the mortgage was executed by the defendants to secure a part of the consideration money due for the same premises that day sold and conveyed by the plaintiff to Eliza Ann Shepard, in fee. The defendants also united in a bond to the plaintiff, conditioned to pay the same sum.
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—The complaint is for the foreclosure of a mortgage made by the defendants on the 10th of May, 1848. It is alleged that the mortgage was executed by the defendants to secure a part of the consideration money due for the same premises that day sold and conveyed by the plaintiff to Eliza Ann Shepard, in fee. The defendants also united in a bond to the plaintiff, conditioned to pay the same sum. The mortgage was duly acknowledged and recorded, and the requisite notice has been filed. The defendants have demurred, severally, to the complaint. The causes assigned are, first, that the defendant…
1Opinion of the Court
Willard, Justice.
The wife had a right to receive, in her own name, a deed of real estate, and to hold it without its being subject to the disposal of her husband, (L. of 1848, p. 308, § 3,) although the act of 1848 is silent with respect to her right to dispose of the same; yet I apprehend there is no doubt, that at common law she had the right, by uniting with her husband, to charge it with a mortgage, or to convey it away in fee. The better opinion seems to be that the husband, at common law, must unite with the wife in the conveyance. (2 Kent’s Com. 152.) At at. any rate, his uniting with…
2Cases cited1 opinion
- Bool v. MixNew York Supreme Court · 1837
3Cited by1 opinion
- Vansteenburgh v. HoffmanNew York Supreme Court · 1853