Hurd v. Grant
New York Supreme Court
This was an action of dower unde nihil habet, tried at the Delaware circuit, in June, 1828, before the Hon. James Bmott, one of the circuit judges. The defendant pleaded several pleas, one of which was non-tenure.
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This was an action of dower unde nihil habet, tried at the Delaware circuit, in June, 1828, before the Hon. James Bmott, one of the circuit judges. The defendant pleaded several pleas, one of which was non-tenure. The demandant," on the trial of the cause, proved her marriage with one Joseph Hurd, his death, the possession by him, during his life time for several years, of the lot of which the premises demanded were a part, and the possession of the premises by the defendant at the commencement of the suit. The defendant proved that the premises in which-dower was claimed was an unenclosed…
1Opinion of the Court
By the Court,
Marcy, J.
A writ of dower unde nihil ha-bet lies only against the tenant of the freehold. (Comyn’ Dig. Pleader 2, y. 1. Fitz. N. B. 148.) It has been adjudged by the court of appeals in Virginia, that a suit for dower cannot be brought against a tenant from year to year; that it can be sustained only against the ■ tenant of the freehold having the inheritance, or an estate equal in duration to the life of the demandant. (1 Hen. & Munf. 268.) "The freehold of the premises in which dower was demanded in this case was shewn to be in a person other than the defendant, and the…
2Cited by5 opinions
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