Bank of the United States v. Housman

Citations

• 6 Paige Ch. 526
• 1837 N.Y. LEXIS 238
• 1837 N.Y. Misc. LEXIS 30

Syllabus

<p>Where the grantor, after the execution of a voluntary conveyance to his sons, is permitted to retain possession of the premises as the ostensible owner and the conveyance is not recorded, such continued possession is prima facie evidence of fraud as against subsequent creditors who have given credit to the grantor upon the faith of his supposed ownership of the property.</p> <p>A voluntary conveyance is not per se fraudulent, even as against creditors to whom the grantor was indebted at the date thereof. And where there is no evidence of fraud in fact in the giving of the deed, nor any subsequent acts of the parties from which fraud can be legally inferred, subsequent creditors of the grantor cannot avoid the deed by showing that the consideration expressed therein was not the true consideration.</p> <p>In order to make a valid conveyance of land under the statute of uses, it is sufficient if any good consideration appears upon the face of the deed which willlegally raise the use in favor of the grantee. And if the real consideration of the conveyance was neither corrupt nor illegal, the grantor and those claiming under him are estopped from denying the payment of the consideration, so far as a consideration is necessary to give effect to the deed.</p> <p>A man free from debt may execute a valid deed of gift, notfounded in fact upon either a pecuniary consideration or a consideration of blood or marriage, by inserting a nominal pecuniary consideration therein ; the actual payment of which nominal consideration the grantor, and those claiming under him, will not be permitted to disprove.</p> <p>Where the intent of the grantor to pass lands by a written conveyance is apparent, if for any reason the deed or instrument cannot operate in the way contemplated by the parties thereto, the court will if possible give it effect in some other way. A conveyance of- a future estate by lease and release, which cannot operate as a bargain and sale for want of apecuniary conside