Bear v. Snyder
New York Supreme Court
This was an action of ejectment of dower, tried at the Seneca circuit in December, 1831, before the Hon. Daniel Moseley', one of the circuit judges.
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This was an action of ejectment of dower, tried at the Seneca circuit in December, 1831, before the Hon. Daniel Moseley', one of the circuit judges. The plaintiff in her declaration stated, that on, &c. she was possessed of the one undivided third part of all that part of lot number four of the township of Romulus, now in the town of Fayette, of which the defendant was then in possession, under a purchase at sheriff’s sale on executions against Launcelot S. Bear, being that part of the estate of Samuel Bear, deceased, apportioned and set apart to the said Launcelot on a partition of the said…
1Opinion of the Court
By the Court,
Savage, Ch. J.
As this case comes up upon a special verdict, it would be sufficient to draw the legal consequences from the facts established ; and then the seisin of the husband, the marriage of the plaintiff with him, the death of the husband, and the possession of the defendant, being found, the plaintiff is clearly entitled to her dower in the premises, and to have one third set off to her. I will however give what seems to me an answer to all the objections which have been raised by the defendant.
1. The premises are sufficiently described ; the defendant was fully apprised by…
2Cited by4 opinions
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- Warren v. ParkhurstNew York Supreme Court · 1904
- Petty v. FishCity of New York Municipal Court · 1899