Nelson v. . Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 9, 1892, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and also reversed a final judgment in favor of plaintiff entered upon an order of Special Term confirming the report of a referee and granted a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made December 9, 1892, which reversed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and also reversed a final judgment in favor of plaintiff entered upon an order of Special Term confirming the report of a referee and granted a new trial. The plaintiff brought this action as the widow of John Nelson, deceased, to recover dower in certain lands, of which her husband died seized. The action was defended on the…
1Opinion of the CourtGray, J.
We think the General Term held correctly upon the two propositions, for which this appellant contends. The proceedings in the foreclosure action were ineffectual to determine the question of the plaintiff’s right to dower in the mortgaged lands. By failing to join with her husband in the execution of the mortgage, her inchoate dower right remained unaffected and superior to the mortgage. When after her husband’s death, the action of foreclosure was brought, though she was made a party defendant, the complaint tendered no issue upon her right to dower. The general allegation to the effect that…
2Cases cited2 opinions
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- In re Hollister BankNew York Court of Appeals · 1861
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- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Tax Lien Co. v. . SchultzeNew York Court of Appeals · 1914
- Elder v. New York & Pennsylvania Motor Express, Inc.New York Court of Appeals · 1940
- Jasper v. . RozinskiNew York Court of Appeals · 1920
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