Maloney v. Horan
New York Supreme Court
APPEAL by tbe plaintiff from a judgment ordered at a special term, on a trial before the court! without a jury. The plaintiff, as the widow of Patrick Maloney, deceased, brought this action to recover her dower interest in certain real estate situate at Hunter’s Point, Queens county.
Read the full summary
APPEAL by tbe plaintiff from a judgment ordered at a special term, on a trial before the court! without a jury. The plaintiff, as the widow of Patrick Maloney, deceased, brought this action to recover her dower interest in certain real estate situate at Hunter’s Point, Queens county. The facts are briefly these: Patrick Maloney, being the owner of the premises described in the complaint, on the 11th of ¡November, 1864, conveyed the premises to hi's brother, Michael Maloney, for the nominal consideration of $1. The plaintiff, Eliza Maloney, joined in this conveyance and released her dower; and…
1Opinion of the CourtGilbert, J.
The legal effect of a wife’s uniting with her husband in a conveyance of his lands, is to release her dower. Before admeasurement, she has no interest or estate in the lands, and her deed operates not as a grant, but as an- estoppel. (Green v. Putnam, 1 Barb. 500. Moore v. Mayor, &c. 4 Seld. 110.)
When the deed of the husband has been avoided, at the suit of creditors, on the ground that it was made with intent to hinder, delay or defraud them, there remains an estate in the fraudulent grantee, which is sufficient to support or feed this estoppel; for the fraudulent deed is *39good and effectual…
2Cases cited6 opinions
- Tilton v. NelsonNew York Supreme Court · 1857
- Green v. PutnamNew York Supreme Court · 1847
- Manhattan Co. v. EvertsonNew York Court of Chancery · 1837
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
- Meyer v. MohrThe Superior Court of New York City · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vantilburgh v. BlackMontana Supreme Court · 1876
- Lore v. DierkesThe Superior Court of New York City · 1884
- Cox v. WilderDistrict Court, E.D. Missouri · 1872
- Mattoon v. YoungNew York Supreme Court · 1874
- Mattoon v. YoungNew York Supreme Court · 1874