Elmendorf v. . Lockwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. This action was brought by plaintiff to recover a dower right in surplus moneys arising upon foreclosure sale.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of the defendants entered upon the decision of the court at Special Term. This action was brought by plaintiff to recover a dower right in surplus moneys arising upon foreclosure sale. In July, 1854, Nicholas Elmendorf, husband of plaintiff, owned several parcels of land situate in the county of Ulster, upon which there were existing three several mortgages given for purchase-money. There were, also, some judgments outstanding against him in favor of defendant Russell.…
1Opinion of the Court
During the lifetime of the husband, the wife has an inchoate right of dower in all the lands of which he becomes seized. This right is not an estate in the land, but is a mere contingent interest which attaches to the land as soon as there is the concurrence of marriage and seizin. This interest becomes fixed and certain upon the death of the husband, his wife surviving; and after assignment of the dower, becomes a freehold estate in land. During the marriage, no act of the husband alone could, at common law, bar or extinguish this interest; and the usual mode of accomplishing this end, in…
2Cases cited5 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
- Tompkins v. FondaNew York Court of Chancery · 1834
- Stewart v. McMartinNew York Supreme Court · 1849
- Hoogland v. WattNew York Court of Chancery · 1844
3Cited by24 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Witthaus v. . SchackNew York Court of Appeals · 1887
- In re the Judicial Settlement of the Account of Bank of JamestownAppellate Division of the Supreme Court of the State of New York · 1935
- Horton v. KellySupreme Court of Minnesota · 1889
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