Legal Opinion

Wetyen v. Fick

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904Published

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Laughlin, J.:

The controversy between the parties is not clearly stated, but it is evident that the plaintiff claims dower in the premises described which are situated in the county of Hew York, and that her right, to dower and the method of admeasuring the same áre disputed by the defendants. The principal question is whether or not the Statute of Limitátibns has run-against her cause of action for dower. Her husband died on the 29th day of March, 1863, seized in fee simple of the premises. She made no demand or claim for dower until the 24th day of March, 1903. Her deceased husband resided…

2Cases cited8 opinions

  1. Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
  2. Hayden v. . PierceNew York Court of Appeals · 1895
  3. Titus v. . PooleNew York Court of Appeals · 1895
  4. Sayre v. WisnerNew York Supreme Court · 1832
  5. Fowler v. WoodNew York Supreme Court · 1894

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