Jones v. Fleming
New York Supreme Court
Appeal from an interlocutory judgment in favor of tbe plaintiff, ■entered upon tbe report of a referee. Tbe action was brought to recoves dower in about 2,000 acres of wild land, tbe property of James Jones, by tbe plaintiff, wbo is bis widow. Tbis is tbe third time that this case has been brought on .appeal before tbe General Term.
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Appeal from an interlocutory judgment in favor of tbe plaintiff, ■entered upon tbe report of a referee. Tbe action was brought to recoves dower in about 2,000 acres of wild land, tbe property of James Jones, by tbe plaintiff, wbo is bis widow. Tbis is tbe third time that this case has been brought on .appeal before tbe General Term. Tbe opinion on tbe first appeal is reported in 29 Hun, 551, and on the second in 32 Hun, 280. Tbe plaintiff married John Firth in 1855 at tbe village of Deer River, and they lived together as husband and wife at Famelia Four Corners, Troy and Syracuse until 1861,…
1Opinion of the Court
Folleto, J.:
This is an appeal by part of the heirs of James Jones from an-interlocutory judgment awarding the plaintiff dower in lands of which Jones died seized.
But two defenses were interposed in this action: (1.) That the legal relation of husband and wife never existed between the plaintiff and James Jones, because at the time of their marriage the-plaintiff’s first husband was living. (2.) That, January 28, 1880^ *229Mrs. Jones was paid $3,400 by the committee of her husband’s •estate, in consideration of which she released and conveyed to the ■committee and to the children of her husband by…
2Cases cited12 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Carson v. MurrayNew York Court of Chancery · 1831
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Jackson, ex dem. Clowes v. VanderheydenNew York Supreme Court · 1819
- Elmendorf v. . LockwoodNew York Court of Appeals · 1874
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