Bates v. Shraeder
New York Supreme Court
IN ERROR, on certiorari to the-court. -of common pleas, of" the COUnty of Dutchess. . This Wag an action of waste. The declaration stated; that BUz^reth- Graham was seised -in herdemesne, as .of-fee, in eertain premises* in the town of Fishkill, which are described by ™efes and bounds, and contained twenty-five acres; and being so seised, she married .Duncan Graham, and, during, the cover* ture, they had a son born, John-Graham, by which marriage, and birth of a son, Duncan…
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IN ERROR, on certiorari to the-court. -of common pleas, of" the COUnty of Dutchess. . This Wag an action of waste. The declaration stated; that BUz^reth- Graham was seised -in herdemesne, as .of-fee, in eertain premises* in the town of Fishkill, which are described by ™efes and bounds, and contained twenty-five acres; and being so seised, she married .Duncan Graham, and, during, the cover* ture, they had a son born, John-Graham, by which marriage, and birth of a son, Duncan Graham became entitled to the pre* ' ‘ ' mises as tenant by the curtesy, the reversion being in the said Elizabeth, and…
1Opinion of the Court
Yates, J„
delivered- the opinión of the court. This is an action of waste, brought by, the plaintiff against the assignee of the tenant by the curtesy. The declaration states,, that the plaintiff’s right of inheritance'to the' locus in quo is derived from John Graham, as the person last seised* It also states--the previous seisin of Elizabeth Graham,\ his mother, who'died,, leaving her husband'tenant by the curtesy, from whom the defendant holds the premises by assignment; ..that John Graham derived .his inheritance ffonr the' mother ; arid that both died. Without lawful issue. The waste, is…
2Cited by10 opinions
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Buckley v. BuckleyNew York Supreme Court · 1850
- Tayloe v. GouldNew York Supreme Court · 1851
- Lawrence v. . PittSupreme Court of North Carolina · 1854
- Bogert v. BogertNew York Supreme Court · 1889
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