Frost v. Peacock
New York Court of Chancery
On exceptions to master’s report in relation to surplus. On the third day of April 1821, a bond, with a mortgage for securing $1,000 and interest on a farm and premises at Dosoris, Queens County, was executed by Ralph Peacock and wife to Jarvis Frost. There was a deed dated the fifth day of October 1831, of the said premises or of a part thereof between Ralph Peacock and Eliza Ann his wife of the first part and Sarah Ann Betts of the other part, subject to the said mortgage.
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On exceptions to master’s report in relation to surplus. On the third day of April 1821, a bond, with a mortgage for securing $1,000 and interest on a farm and premises at Dosoris, Queens County, was executed by Ralph Peacock and wife to Jarvis Frost. There was a deed dated the fifth day of October 1831, of the said premises or of a part thereof between Ralph Peacock and Eliza Ann his wife of the first part and Sarah Ann Betts of the other part, subject to the said mortgage. It appeared to have been recorded, but was mutilated prior to its being recorded, as will be seen by the report of…
1Opinion of the Court
The Vice-Chancellor :
The deed—afterwards mutilated—from Peacock and wife to Sally Betts, dated October the fifth, one thousand eight hundred and thirty-one and acknowledged on that day before Judge Hegeman, is to be regarded as an executed and delivered deed : Schrugham v. Wood, 15 Wend. R. 545. It is to be allowed the same effect as between the grantors and grantee as if it had always been in the actual possession and keeping of the grantee. It is in vain, therefore, for Mrs. Peacock, although she be now a widow, to claim any rights of dower in the property, for she united with her husband…
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