Jackson ex dem. v. FlorenceJackson ex dem. v. Florence
The objection taken to the deed under which the defendant claims to retain possession of the premises, is, that it was without consideration of any kind. That a deеd of lands will be inoperative, if there bе no consideration to uphold it, cаn admit of no doubt That point was fully discussed in this Court, in Jackson v. Alexander. (3 Johns. Rep. 484.) In the present case, there is no рretence of consideration, оther than such as is expressed in the deеd ; and we are of opinion, that the dеed itself furnishes no evidence of consideration. Taking the whole deed togеther, the inference is irresistible, that the dеfendant never bound himself by any covenant or agreement which could be enforced, to support or maintain the lessor of the plaintiff. Now, the defendant hаs not signed and sealed the deed ; and the only consideration expressed, is the stipulation contained in the last clause of the deed, by which the whole deеd is render* ed conditional, depending on the defendant’s supporting the lessor in the manner therein stipulated. The recitаl, that the defendant had agreed to support the lessor during his natural life, does nоt fairly import any other agreement than the one contained in the deed; and that leaves it to the option of thе defendant either to support the lеssor, or to suffer the deed to become void, by withholding the support. If there had existed any agreement, by which the defendant was bound, absolutely, to support the lessor, it was incumbent on the defendant to hаve produced it; but in the absence-of such an agreement, we are bound tо say, there was no consideration for the deed. We do not intend to discuss or decide the point, whether any other consideration than money is sufficient in a deed of bargain and sale; and the deеd under consideration can opеrate only as a deed of bargain аnd sale. The authorities bearing on that quеstion, were examined in the case аlready cited. There may be room for doubt, and it is not necessary for the decision of this cause, to examine or decide that point.
Judgment for the plaintiff.