Winans v. . Peebles
New York Court of Appeals
I. The conveyance by Catharine. M. to Corbet Peebles, her husband, is invalid at common law. ( White v. Wager, 25 N. Y., 328.) II. The disability of Mrs. Peebles, a married woman, to convey land to her husband was not removed by the “Act for the more effectual protection of the property of married women,” passed in 1848, and amended in 1849. (See White v. Wager, supra.) III.
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I. The conveyance by Catharine. M. to Corbet Peebles, her husband, is invalid at common law. ( White v. Wager, 25 N. Y., 328.) II. The disability of Mrs. Peebles, a married woman, to convey land to her husband was not removed by the “Act for the more effectual protection of the property of married women,” passed in 1848, and amended in 1849. (See White v. Wager, supra.) III. Nor can such conveyance be sustained in equity. ■ An equity which will support a conveyance void or defective at law, must be founded on such a consideration as will sustain a valid promise, and make it a legal…
1Opinion of the CourtDavies, J.
Action by plaintiffs, as heirs-at-law of Catharine Peebles, deceased, to set aside a deed of certain premises, of which it is claimed she died seized, and which descended to them as her heirs-at-law,■ made by said Catharine to her husband, Corbet Peebles, be declared and adjudged void, and that a deed of the same premises, by said Corbet to the defendant Burdick, be also declared void, and the plaintiffs be adjudged entitled to said premises, and that they be entitled to recover the same, and the rents and profits thereof. The court, which tried the action without a jury, found the following…
2Cases cited2 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Graham v. Van WyckNew York Supreme Court · 1852
3Cited by26 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Sims v. RicketsIndiana Supreme Court · 1871
- Robinson v. EagleSupreme Court of Arkansas · 1874
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