MacKenna v. . Fidelity Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1905, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term, and also affirming an intermediate order of reference made in the action.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1905, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term, and also affirming an intermediate order of reference made in the action. This action was brought by a married woman during the lifetime of her husband to redeem lands from a judicial sale upon the ground that she was not a party to the action in which the decree to sell was made, although she had an inchoate right of dower in the…
1Opinion of the CourtVann, J.
The primary question is whether the plaintiff had the right to redeem, although her husband was still alive and her right of dower inchoate only. The question has been discussed somewhat but never decided by tiffs court. It was not involved in Mills v. Van Voorhies (20 N. Y. 412), but in considering the question whether the inchoate right of a married woman to dower was affected by a foreclosure to which she was not a party, it was said by Seldeh, J.: “ A feme eovert, who executes a mortgage jointly with lief husband, is nevertheless entitled to dower in the equity of redemption of which her…
2Cases cited15 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Arnold v. . GreenNew York Court of Appeals · 1889
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Nyctl 1999-1 Trust v. 573 Jackson Avenue Realty Corp.New York Court of Appeals · 2009
- Matter of City of New York (Cropsey Ave.)New York Court of Appeals · 1935
- Kopp v. TheleSupreme Court of Minnesota · 1908
- Taylor v. TaylorSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.