Bell v. Mayor of New-York
New York Court of Chancery
This was an appeal by the defendants from a decreecOf the vice chancellor of the second circuit. The bill was filed to recover dower in Blackwell’s Island, which was , it i i • iii i t t n n c purchased by the complainant’s husband, J. L. Hell, alter his intermarriage with her, and of which he died seized in January, 1825, subject to a mortgage thereon, given for a part of the purchase money of the premises, and to a subsequent mortgage given to E. W. King ; neither of which…
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This was an appeal by the defendants from a decreecOf the vice chancellor of the second circuit. The bill was filed to recover dower in Blackwell’s Island, which was , it i i • iii i t t n n c purchased by the complainant’s husband, J. L. Hell, alter his intermarriage with her, and of which he died seized in January, 1825, subject to a mortgage thereon, given for a part of the purchase money of the premises, and to a subsequent mortgage given to E. W. King ; neither of which mortgages was executed by the complainant. The consideration which Bell agreed to pay the former owner, for the…
1Opinion of the Court
The Chancellor.
There is no dispute as to the facts in this case. The only questions for consideration on this appeal therefore are, whether the decision of the vice chancellor is correct in relation to the right of the complainant to be endowed of the equity of redemption in the mort*67gaged premises ; and if so, whether the proper provision has been made in this decree to protect the equitable interests of both parties. The vice chancellor is undoubtedly correct in supposing that, at the death of her husband in January 1825, the complainant was entitled to dower in the equity of redemption of…
2Cases cited2 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Van Dyne v. ThayreNew York Supreme Court · 1838
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- Averill v. . TaylorNew York Court of Appeals · 1853
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