Van Dyne v. Thayre
New York Supreme Court
This was an action of ejectment for dower, tried at the Yates circuit, in November, 1836, before the Hon- Daniel Moseley, one of the circuit judges.
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This was an action of ejectment for dower, tried at the Yates circuit, in November, 1836, before the Hon- Daniel Moseley, one of the circuit judges. The plaintiff claimed to recover dower in the premises in question, as the widow of Dennis Van Dyne, with whom she intermarried in 1824. On the 15th December, 1818, the premises in which dower was claimed were conveyed to her • husband by one Morris Seely; her husband took possession and remained in until 1829, when he quit, leaving a person in possession as his tenant; her husband died in 1832. The defence set up was, that Van Dyne on taking his…
1Opinion of the Court
By the Court,
Cowen, J.
The testimony _by which the non-residence of Shattuck was sought to be established, in order to let in proof of his hand-writing fell, I think, altogether short of the object. Mr. Oliver had understood, and Mr. Welles had been informed, that he had removed from Prattsburgh, his former residence in this state, to Warren, in Pennsylvania; and that he so removed several *165years ago, and Mr. Welles added he understood and believed that he still resided there. He corresponded with him about two years before; but where the letters purported to be post marked or dated, or what…
2Cases cited7 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Popkin v. BumsteadMassachusetts Supreme Judicial Court · 1812
- Dexter v. HarrisU.S. Circuit Court for the District of Rhode Island · 1822
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3Cited by29 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Edwards v.Farmers' Fire Insurance & Loan Co.New York Supreme Court · 1839
- United States Saving Fund & Investment Co. v. HarrisIndiana Supreme Court · 1895
- Denton v. NannyNew York Supreme Court · 1850
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