Appellate Division of the Supreme Court of New York, 1898

Gould v. Vail

Gould v. Vail
Appellate Division of the Supreme Court of New York · Decided November 16, 1898 · Landon
54 N.Y.S. 1102 (New York Supplement)

Counsel

James G. Graham, for appellant., Wagner & Fisher, for respondents.

Gould v. Vail

Opinion of the Court

LANDON, J.

The deed of 14 acres may possibly stand as founded upon a valid consideration due from husband to wife. But I incline to think the second one void against the plaintiff. It was intended by both parties to ward him off. It reserves a valuable consideration to the husband in the support of his sister; and the extrinsic evidence requires the finding that it was intended to reserve to the husband and wife the same possession and enjoyment after the conveyance as they had before, and this defrauds the plaintiff.

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