Hogle v. Stewart
New York Supreme Court
THIS was an action of dower, brought by the demand-ant to recover her right of dower, as the widow of John . . ¡¡ogle, in 110 acres of land, situate in the town of Cambridge, in the county of Washington. The writ was returnable in November term, 1808. The demandant was married to John Hogle, some time before the commencement of the late war between this country and Great Britain.
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THIS was an action of dower, brought by the demand-ant to recover her right of dower, as the widow of John . . ¡¡ogle, in 110 acres of land, situate in the town of Cambridge, in the county of Washington. The writ was returnable in November term, 1808. The demandant was married to John Hogle, some time before the commencement of the late war between this country and Great Britain. John Hogle was seised . . . , of the premises in question, during the coverture, and he . . . „ . . . , died seised and in possession or the premises m the year -^77, an¿ Elizabth Hogle has continued a widow ever…
1Opinion of the CourtVan Ness, J.
The forfeiture of the husband’s estate, by his attainder, did not affect the wife’s right of dower. (Palmer v. Horton, 1 Johns. Cas. 27.) The estate that was sold by the commissioners of forfeitures, was the estate of the husband only; the wife’s right of dower remained as perfect as if no forfeiture had ever been incurred.
The question then arises, whether the statute of the 29th March, 1797,limitingclaimsandprosecutions against forfeited estates, applies to a case of dower. I think it clearly does not. It is true that the state is bound to defend the purchasers of forfeited estates, against…
2Cases cited1 opinion
- Palmer v. HortonNew York Supreme Court · 1799
3Cited by5 opinions
- Berkowitz v. BrownNew York Court of Common Pleas · 1893
- May v. RumneyMichigan Supreme Court · 1847
- Johnson v. RogersDistrict Court, N.D. New York · 1876
- Hewes v. WiswellSupreme Judicial Court of Maine · 1831
- Parker v. ObearMassachusetts Supreme Judicial Court · 1843