Legal Opinion

White v. Wager

New York Supreme Court

Decided January 24, 1860PublishedCited by 12 opinions

THIS was an action for breach of a covenant contained in a deed; and was submitted to the court upon a statement of facts agreed upon by the parties.

1Opinion of the CourtMason, J.

At common law a deed of lands from the wife to her husband is void, and passes no title. (2 Kent’s Com. 129. Martin v. Martin, 1 Greenl. R. 394. 3 E. 63.) The only question presented for our adjudication in this case is whether the act of April 11, 1849, removes the disability of coverture under which the wife labors at common law, so far as to authorize her to convey her lands directly to her husband. This statute declares that any married female may take by inheritance, or by gift, grant, or devise or bequest, from any person other than her husband, and hold to her sole and separate use,…

2Cases cited2 opinions

  1. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  2. Commonwealth v. TrimmerMassachusetts Supreme Judicial Court · 1805

3Cited by12 opinions

  1. Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
  2. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  3. People v. . PalmerNew York Court of Appeals · 1888
  4. Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  5. Jones v. CrosthwaiteSupreme Court of Iowa · 1864

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