Ellicott v. . Mosier
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment for the plaintiff, upon demurrer to the answer, had been affirmed. (Reported below, 11 Barb. 574.) This was an ejectment by the widow of Joseph Ellicott, deceased, to recover her dower in certain lands in the city of Buffalo, bounded by Washington, Swan, Main, and South Division streets, of which her husband died seised.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment for the plaintiff, upon demurrer to the answer, had been affirmed. (Reported below, 11 Barb. 574.) This was an ejectment by the widow of Joseph Ellicott, deceased, to recover her dower in certain lands in the city of Buffalo, bounded by Washington, Swan, Main, and South Division streets, of which her husband died seised. The defendant, by his answer, set forth, that the plaintiff’s husband was seised in fee-simple of the premises; and that in February 1829, he demised the same to Ira * 202 1 ^ossom…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff's dower had not been assigned or admeasured; and the defendant was in possession of a part only of the premises in which the plaintiff was entitled to dower; the defendant holding under a lease for years. The question is whether the action can be maintained.
Before the adoption of the revised statutes, the plaintiff's remedy at law would have been by an action of dower. The object of that action is to obtain or compel an assignment of dower by the…
2Cited by5 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Aikman v. . HarsellNew York Court of Appeals · 1885
- Wetyen v. . FickNew York Court of Appeals · 1904
- Draper v. DraperNew York Supreme Court · 1877
- Stewart v. SmithNew York Court of Appeals · 1864