Lawrence v. . Miller
New York Court of Appeals
This was an action of covenant, brought in the superior court of the city of New-York, to recover rent of Certain demised premises situated in that city. The case was this : In 1799 the plaintiff intermarried with Isaac Lawrence in the city of New-York. He died in-1841, seized of real estate, of which the premises in question are a part.
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This was an action of covenant, brought in the superior court of the city of New-York, to recover rent of Certain demised premises situated in that city. The case was this : In 1799 the plaintiff intermarried with Isaac Lawrence in the city of New-York. He died in-1841, seized of real estate, of which the premises in question are a part. In January, 1848, the premises in question, pursuant to a decree of the court of chancery, made upon bill filed by the plaintiff were assigned and set apart as her dower in her husband’s estate. The defendant, who previous to the husband’s death had been a…
1Opinion of the Court
The questions involved in the decision of this cause, are,
1st. Whether the provisions of the revised statutes (2 R.S. 100), in relation to the sale of real estate for the payment of debts by the order of surrogates' courts, authorize the sale of the widow's dower, where it has been actually assigned to her, by the decree of some competent court?
2d. If it does authorize the sale under such circumstances, then, is the statute constitutional, within the prohibition of the 10th section of the 1st article of the constitution of the United States?
These questions are of grave importance; and demand…
2Cases cited1 opinion
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by16 opinions
- United States Ex Rel. Wilkins v. North American Construction Corp.District Court, S.D. Texas · 2001
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Aikman v. . HarsellNew York Court of Appeals · 1885
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Equitable Life Assurance Society v. WildsAppellate Division of the Supreme Court of the State of New York · 1918
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