Young v. M'Pherson
Supreme Court of New Jersey
This was an action of dower, tried before the Chief Justice at the Hunterdon Circuit. The defendant relied on a release of dower from the demandant, to one of her sons, Philip Young, who had assigned it to one Hogland, of whom the defendant had purchased the land.
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This was an action of dower, tried before the Chief Justice at the Hunterdon Circuit. The defendant relied on a release of dower from the demandant, to one of her sons, Philip Young, who had assigned it to one Hogland, of whom the defendant had purchased the land. He produced the subscribing witnesses, a son and a daughter of the demand-ant, who swore that they did not see their mother sign or acknowledge the deed, or make her mark; that she could not write or read writing; that they subscribed the instrument as witnesses, at the instance of their brother, and related strong circumstances to…
1Opinion of the CourtPennington, J.
It is evident that the jury have included the annual value in the damages; but cannot this be corrected by a remission of the damages to the amount of the annual value, which is a subject of calculation.
The counsel for the demandant offered to remit.
Ewing. They are so confounded, that it is difficult to separate them. Besides, it was given in evidence, that the widow was three years in possession, after the death of the husband, for which the jury have made no allowance, and this is error. 2 Bao. 394-
The counsel for the demandant said, that as to the form *457of the verdict, it was mere form, and…
2Cases cited2 opinions
- Kimmell v. GreetingSupreme Court of Pennsylvania · 1853
- Myers v. BrownellSupreme Court of Vermont · 1827