Simmons v. McElwain
New York Supreme Court
THIS was an appeal from a judgment on the report of a referee. The action was brought to recover three several demands: one in favor of George Lawrence, amounting to #264.50, for carpenter’s work in building a house} another in favor of Wolford and Stephenson, amounting to #297.56, for mason’s work on the same house, and the other in favor of Thomas W. Blatchford, amounting to #58, for a physician’s bill.
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THIS was an appeal from a judgment on the report of a referee. The action was brought to recover three several demands: one in favor of George Lawrence, amounting to #264.50, for carpenter’s work in building a house} another in favor of Wolford and Stephenson, amounting to #297.56, for mason’s work on the same house, and the other in favor of Thomas W. Blatchford, amounting to #58, for a physician’s bill. All these demands had been assigned to the plaintiff before this action was brought. After issue had been joined, and before trial, the defendant offered to allow the plaintiff to take…
1Opinion of the Court
.By the Court, Harris, J.
It is true that the deed from the defendant to his wife, was void in law, for a husband cannot, during coverture, make a grant or conveyance to his wife. But such a grant will be upheld in equity, when it is necessary to prevent injustice. (See Shepard v. Shepard, 7 John. Ch. 57, and cases there cited; 2 Kent’s Com. 156.) In this case, the wife, in good faith, and for a valuable consideration, paid out of her separate estate, purchased the land conveyed to her. She thus obtained an equitable right to it, which a court of equity will recognize and protect.
Having thus…
2Cases cited2 opinions
- Dickerman v. AbrahamsNew York Supreme Court · 1854
- Stammers v. MacombNew York Supreme Court · 1829
3Cited by10 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Sims v. RicketsIndiana Supreme Court · 1871
- Bennett v. HopkinsAppellate Division of the Supreme Court of the State of New York · 1954
- Dupre v. ReinNew York Court of Common Pleas · 1878
- Dygert v. RemerschneiderNew York Supreme Court · 1863
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