Jackson ex dem. Sitrer v. Waltermire
New York Supreme Court
Ejectment for dower; tried at the Columbia circuit, April, 1826, before Duer, C. Judge. The plaintiff gave in evidence a rule of the court of coinmon pleas of the county of Culumbia, entered in the term of August, 1822, appointing three persons to lay off the dower of the lessor of the plaintiff, as the widow of Frederick Sitzer, in the farm possessed by the defendant; with the subsequent proceedings, to the confirmation of the report of the admeasurers, by which they set…
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Ejectment for dower; tried at the Columbia circuit, April, 1826, before Duer, C. Judge. The plaintiff gave in evidence a rule of the court of coinmon pleas of the county of Culumbia, entered in the term of August, 1822, appointing three persons to lay off the dower of the lessor of the plaintiff, as the widow of Frederick Sitzer, in the farm possessed by the defendant; with the subsequent proceedings, to the confirmation of the report of the admeasurers, by which they set off dower, nuder the rule. The petition for admeasui'ement was also in evidence, dated August 17, 1822, presented at the…
1Opinion of the Court
Curia, per Savage, Ch. J.
When this cause was formerly before us, we decided that the court of common pleas had jurisdiction, and that the evidence of the seisin of the husband was sufficient. The latter point only appears in the printed report "of the case; but the other point must have been decided; for although the other points necessary to a recovery of the lessor’s dower might have been never so fully proved, or even admitted, still she could not recover in this action, unless the proceedings before «the common pleas were valid. Such was, in fact, the decision, as appears from a statement…
2Cases cited2 opinions
- Powers v. PeopleNew York Supreme Court · 1809
- AnonymousSupreme Court of the United States · 1798
3Cited by3 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- O'Donohue v. CroninAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Ithaca Savings Bank v. BeersNew York Supreme Court · 1883