Bowne v. Potter
New York Supreme Court
This was an action of ejectment for dower, tried at the Tioga circuit in .December, 1834, before the Hon. Robert Monell, one of the circuit judges. The plaintiff proved her marriage with Robert L. Bowne in the year 1803, and the death of her husband in 1821, and produce in evidence the exemplification of a warranty deed from her husband to one Daniel Fairchild. bearing date 28th April, 1812, conveying two lots of land, an undivided third of which was demanded in this action.
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This was an action of ejectment for dower, tried at the Tioga circuit in .December, 1834, before the Hon. Robert Monell, one of the circuit judges. The plaintiff proved her marriage with Robert L. Bowne in the year 1803, and the death of her husband in 1821, and produce in evidence the exemplification of a warranty deed from her husband to one Daniel Fairchild. bearing date 28th April, 1812, conveying two lots of land, an undivided third of which was demanded in this action. She also produced an exemplification of a deed from Fairchild to the defendant, bearing date 18th September, 1820,…
1Opinion of the Court
By the Court,
Nelson, C. J.
The only question presented in this case is, whether the plaintiff gave such proof of the seizin of her husband during coverture in the premises, as will entitle her to dower in the same, and as prevents the defendant from disputing the fact. The defendant offered to show that the husband never had title to the premises, but did not offer to show an eviction.
The ground assumed by the counsel for the plaintiff is, that the acceptance of a deed from the husband and possession of the premises under it, is an admission of the seizin by the grantee and all coming under…
2Cases cited2 opinions
- Bancroft v. WhiteNew York Supreme Court · 1803
- Davis v. DarrowNew York Supreme Court · 1834
3Cited by2 opinions
- Potter v. AhrensCalifornia Supreme Court · 1896
- Dewitt v. . Barley and SchoonmakerNew York Court of Appeals · 1853