Hale v. James
New York Court of Chancery
DANIEL HALE, being seised of a house and lot in Albany, on the 8th of July, .1814, mortgaged the same to the defendant; but the plaintiff (then the wife of D. JET.) did not join in the mortgage. On the 24th of March, 1817, D. H. being largely indebted, released and conveyed the premises to the defendant, in fee, for the consideration, expressed in the deed, of 12,500 dollars.
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DANIEL HALE, being seised of a house and lot in Albany, on the 8th of July, .1814, mortgaged the same to the defendant; but the plaintiff (then the wife of D. JET.) did not join in the mortgage. On the 24th of March, 1817, D. H. being largely indebted, released and conveyed the premises to the defendant, in fee, for the consideration, expressed in the deed, of 12,500 dollars. The defendant took possession of the premises in May, 1819; and D. H. died September 3, 1821, leaving the plaintiff his widow. On the 6th of December, 1821, the plaintiff filed her bill against the defendant, praying…
1Opinion of the Court
The Chancellor.
The main point in the case is, at what time the value of the premises is to be computed. The plaintiff contends, that the value is to be estimated at the time of the alienation of the premises by her husband to the defendant, by way of mortgage, on the 8th of July, 1814; and if not at that time, then at the time of the release of the equity of redemption, on the 24th of March, 1817. The defendant insists, that the value of the premises depreciated between the last period and the death of the husband, on the 3d of September, 1821, and that the value ought to be taken as existing…
2Cases cited1 opinion
- Hazen v. ThurberNew York Court of Chancery · 1820
3Cited by9 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Bishop v. BoyleIndiana Supreme Court · 1857
- Wilson v. OatmanIndiana Supreme Court · 1829
- In re the Estate of KearnsNew York Surrogate's Court · 1931
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