Graham v. Dunigan
The Superior Court of New York City
This action comes before the Court by appeal from a judgment for the plaintiff, ordered on the trial of the action at Special Term, before Mr. Justice Hoffman, without a jury.
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This action comes before the Court by appeal from a judgment for the plaintiff, ordered on the trial of the action at Special Term, before Mr. Justice Hoffman, without a jury. The action is brought by the plaintiff, the widow of one Graham, who died seized of two lots of land, and the dwelling-houses thereon, in the City of New York, who, after the death of her husband, took the usual proceedings to obtain an assignment of her dower, and to whom dower was assigned jn one of the houses by appropriating to her several of the apartments and the privilege of the yard, etc. After such assignment…
1Opinion of the CourtBy the Court. Woodruff, J.
The plaintiff, as tenant in dower of certain portions of the house at the corner of the Eighth Avenue and Thirty-fifth street, assigned to her by commissioners, in a proceeding brought to obtain an admeasurement and assignment of her dower, sues the defendant, the owner of the fee of the premises, and in possession of the portion not assigned to her, to recover an equitable share or portion of the taxes and assessments paid by her for the protection of the whole premises.
The question in controversy was, whether she can recover for moneys so paid; and, if so, what proportion is she entitled to…
2Cited by3 opinions
- Lester v. SeilliereAppellate Division of the Supreme Court of the State of New York · 1900
- Rea v. ReaMichigan Supreme Court · 1886
- Carey v. CareyNew York Court of Common Pleas · 1872