Gardner v. Gardner
New York Supreme Court
THIS was an action of covenant. The declaration stated that the plaintiffs purchased, on the 22d August, 1806, of Mary Gardner, widow of JS.
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THIS was an action of covenant. The declaration stated that the plaintiffs purchased, on the 22d August, 1806, of Mary Gardner, widow of JS. Gardner, deceased, all her right of dower In the real and personal estate of her husband, for which they gave their obligation to the widow, for 625 dollars| and the defendants, on the 6th October, 1806, by a certain instrument, &c. under their hands and seals, covenanted and agreed to and with the plaintiffs, that the defendants, in consideration that the plaintiffs would convey to the defendants their proportion, to wit, one third of the dower,…
1Per curiam
The plea of non est factum only put the deed' in issue, and it was not requisite for the plaintiffs to prove their averments. The authorities cited (Tidd and Peake) establish this rule. The covenant declared on and produced, was to the plaintiffs and not to the widow. The term widow is Used in it only td designate the obligation, of which they were to pay their proportion. The covenant was a counterpart tq one made by the plaintiffs in favour of the defendants, and was to meet the proposition *49contained in the plaintiffs' covenant. Both covenants were mu. tual between the heirs. The nonsuit…
2Cited by10 opinions
- Thomas v. WoodsNew York Supreme Court · 1825
- Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1827
- Courcier v. GrahamOhio Supreme Court · 1824
- Leman v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1907
- People v. WhiteNew York Supreme Court · 1864
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