Brown v. Brown
The Superior Court of New York City
This was an action under the Code, (in the nature of a suit in equity,) to recover the plaintiff’s dower in twelve lots of' land and a dwelling house at Harlem, conveyed by her husband in his life time to the defendant, and occupied by the alienee at all times thereafter. The complaint alleged these facts, and that the plaintiff had demanded her dower, and the défendant refused to assign it to her.
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This was an action under the Code, (in the nature of a suit in equity,) to recover the plaintiff’s dower in twelve lots of' land and a dwelling house at Harlem, conveyed by her husband in his life time to the defendant, and occupied by the alienee at all times thereafter. The complaint alleged these facts, and that the plaintiff had demanded her dower, and the défendant refused to assign it to her. The prayer of the complaint was that the plaintiff’s dower might be assigned and admeasured to her, and that she might be put in possession, and that she might be paid one third the rents of the…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
It was adjudged in this case that the plaintiff was entitled to dower in certain land at Harlem, in the city of New York, lying between Sixth and Seventh avenues, and running through from 125th to 126th street, (being one hundred and fifty feet wide by about two hundred deep,) and also to one third of the rents of such land (after certain deductions) from a certain day in the year 1855 to the present time, exclusive of any arising from improvements on such premises, made since their alienation. Judgment was rendered that the part of such land which should be set…
2Cases cited15 opinions
- Eyre v. PotterSupreme Court of the United States · 1854
- Truscott v. . KingNew York Court of Appeals · 1852
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Mills v. HoagNew York Court of Chancery · 1837
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
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