Gould v. Vail

Appellate Division of the Supreme Court of New York

Gould v. Vail

54 N.Y.S. 1102

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1898

StatusPublished

This text of 54 N.Y.S. 1102 (Gould v. Vail) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gould v. Vail, 54 N.Y.S. 1102 (N.Y. Ct. App. 1898).

Pincite

Opinion

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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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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Bluebook (online)

54 N.Y.S. 1102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-vail-nyappdiv-1898.