Jackson, ex dem. Clowes v. Vanderheyden
New York Supreme Court
THIS was an action of ejectment, tried at the Rensselaer circuit, in July, 1818, before Mr. Justice Van Ness. The plaintiff gave in evidence a deed from Jacob J. Van-derheyden, and Catharine his wife, (the defendant,) duly ae-knowledged, by which they granted and conveyed to the lessor of the plaintiff the premises in question, in fee, with Wcirrilllty.
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THIS was an action of ejectment, tried at the Rensselaer circuit, in July, 1818, before Mr. Justice Van Ness. The plaintiff gave in evidence a deed from Jacob J. Van-derheyden, and Catharine his wife, (the defendant,) duly ae-knowledged, by which they granted and conveyed to the lessor of the plaintiff the premises in question, in fee, with Wcirrilllty. A witness testified, that the premises were part of an estate held and possessed by the father of Jacob J. Vanderheyden, under whom he derived title, by devise or descent, and that j,e was jn possession of the premises at the date of the deed;…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. The defendant was not estopped by the deed she executed with her husband, to the lessor of the plaintiff, for the premises in question. It. is a settled principle of the common law, that coverture disqualifies a feme from entering into a contract or covenant, personally binding upon her. She may, at common law, pass her real property, by afine duly levied ; and under our statute, she may. also, in conjunction with her husband, and on due examination before a competent officer, convey her real estate, or any existing or contingent future…
2Cited by40 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Wadkins v. WatsonTexas Supreme Court · 1893
- King v. ReaIndiana Supreme Court · 1877
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Shumaker v. JohnsonIndiana Supreme Court · 1871
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