Stuart v. Kissam
New York Supreme Court
In Equity. The bill in this cause was filed by Robert .Stuart and Mary R. his wife, for the purpose of enforcing a bond and mortgage made by Daniel W. Kissam, junior, for $20,000, which were held in trust for the plaintiff, Mrs. Stuart, by the defendant Joseph Kissam, who, it was alleged, fraudulently acknowledged satisfaction of the mortgage, without actual payment or satisfaction, and caused it to be cancelled of record.
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In Equity. The bill in this cause was filed by Robert .Stuart and Mary R. his wife, for the purpose of enforcing a bond and mortgage made by Daniel W. Kissam, junior, for $20,000, which were held in trust for the plaintiff, Mrs. Stuart, by the defendant Joseph Kissam, who, it was alleged, fraudulently acknowledged satisfaction of the mortgage, without actual payment or satisfaction, and caused it to be cancelled of record. The plaintiff Mrs. Stuart sought to establish the bond debt against the estate of Daniel W. Kissam, junior, who was deceased, and to have a decree for its payment out of…
1Opinion of the CourtHurlbut, J.
The first question to be determined is, whether the trust upon which Joseph Kissam held the bond and mortgage was one for the separate use of Mrs. Stuart, so as to bar her husband of his marital rights in respect to the subject matter of the trust. This becomes important in view of the alleged assent of Robert Stuart to the acts of Joseph Kissam. The facts bearing upon this question are these. On the 30th day of October, 1830, Spencer D. Colton, being seised in fee of a tract of land in the twelfth ward of the city of New-York, known as subdivision No. 3, of the Turtle Bay farm, executed a…
2Cases cited1 opinion
- Hess v. FoxNew York Supreme Court · 1833
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- McCloskey, Bigley & Co. v. Wingfield & BridgesSupreme Court of Louisiana · 1880
- Ackley v. . TarboxNew York Court of Appeals · 1864
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