Kade v. Lauber
New York Supreme Court
This action was brought to recover dower. Plaintiff was married to Charles Kade in the year 1857. The marriage was dissolved by judgment in an action brought by the plaintiff herein against her husband. The divorce was a vinculo matrimonii. The lands, out of which the plaintiff claims to be endowed, were acquired by her former husband in 1868, and after the parties had been divorced. In 1869, Kade ;so!d and conveyed the land to the defendant, who is ■still the owner.
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This action was brought to recover dower. Plaintiff was married to Charles Kade in the year 1857. The marriage was dissolved by judgment in an action brought by the plaintiff herein against her husband. The divorce was a vinculo matrimonii. The lands, out of which the plaintiff claims to be endowed, were acquired by her former husband in 1868, and after the parties had been divorced. In 1869, Kade ;so!d and conveyed the land to the defendant, who is ■still the owner. Plaintiff did not join in the conveyance. Kade died in 1873.
1Opinion of the CourtYak Yorst, J.
[after stating the facts].—The Revised Statutes provide that a widow shall be endowed of the third part of all the lands, whereof her husband was seized of an estate of inheritance, at any time during the marriage (1 Rev. Stat., 740, § 1 ; and of the 5th ed., vol. 3, p. 31, § 1). In order, therefore, to entitle the widow to an estate in d ower, there must have been seizin in the husband during the marriage. Wait v. Wait (4 N. Y., 95) was a new case. It was there first decided that a divorce, dissolving the marriage contract on the ground of the adultery of the husband, does not deprive the…
2Cases cited5 opinions
- Burr v. BurrNew York Court of Chancery · 1842
- Wait v. . WaitNew York Court of Appeals · 1850
- Cropsey v. . OgdenNew York Court of Appeals · 1854
- People v. HoveyNew York Supreme Court · 1849
- Wait v. WaitNew York Supreme Court · 1848