Malony v. Horan
New York Court of Appeals
Appeal from a judgment. Eliza Maloney, as widow of Patrick Maloney, deceased, brought an action in the supreme court to recover her dower interest in certain lands. Patrick Maloney, her husband, being the owner of the premises, had, on November 11, 1864, conveyed them to his brother, Michael Maloney, for a consideration of one dollar, and in this conveyance the plaintiff had joined, and released her dower in the usual form.
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Appeal from a judgment. Eliza Maloney, as widow of Patrick Maloney, deceased, brought an action in the supreme court to recover her dower interest in certain lands. Patrick Maloney, her husband, being the owner of the premises, had, on November 11, 1864, conveyed them to his brother, Michael Maloney, for a consideration of one dollar, and in this conveyance the plaintiff had joined, and released her dower in the usual form. On December 28, 1864, Michael Maloney conveyed the premises to plaintiff. Both these conveyances were duly acknowledged and recorded. Subsequently a judgment was obtained…
1Opinion of the CourtFolger, J.
The plaintiff shows that she was the wife of Patrick Maloney in his lifetime; that during coverture, he was seized in fee of the premises, in which she now demands dower; and that before the commencement of her action he departed this life. She thus makes aprima facie case for a judgment in her favor.
The defendants rely upon four grounds to defeat the case made by her :
1. An estoppel in pais / which is claimed to arise, from the plaintiff calling on the defendant Horan, and asking him to attend and bid at the receiver’s sale of the premises, taking place after the death of her husband ;…
2Cases cited14 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Osborne v. MossNew York Supreme Court · 1810
- Vartie v. UnderwoodNew York Supreme Court · 1854
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3Cited by2 opinions
- Bond v. BondTennessee Supreme Court · 1886
- Nichol v. County of DavidsonCourt of Appeals of Tennessee · 1877