Legal Opinion

Draper v. Draper

New York Supreme Court

Decided September 15, 1877Published

Appeal from an order made at a Special Term overruling a demurrer, interposed to tbe complaint on tbe ground that it failed to state facts sufficient to constitute a cause of action.

1Opinion of the Court

Bookes, J.:

This is an appeal from an order of tbe Special Term overruling a demurrer to tbe complaint. Tbe action is ejectment for dower.

*617The plaintiff avers (1) that Thomas W. Draper was her husband at the time of his decease, and for many years next prior thereto, and that he died May 31, 1874; (2) that at the time of his decease, and for many years prior thereto, he was seized in fee simple and possessed of the lands and premises described in the complaint; (3) that she is entitled to one undivided third part of such premises for her life as her reasonable dower ; and (4) that the defendant…

2Cases cited4 opinions

  1. Smith v. SwormstedtSupreme Court of the United States · 1854
  2. People v. Mayor of New YorkNew York Supreme Court · 1858
  3. Poor v. HortonNew York Supreme Court · 1853
  4. Ellicott v. . MosierNew York Court of Appeals · 1852

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