Jackson ex dem. Sitzer v. Waltermire
New York Supreme Court
Ejectment for doxver admeasured and set off to the lessor of the plaintiff pursuant to the statute, &c., (1R L. 60,) by the Court of Common Pleas of the county of Columbia; tried at the circuit in that comity in 1824, before Duer, C. J 1 } Judge. ■ The plaintiff, after giving in evidence, the proceedings of the Court of Common Pleas, admeasurers, &c., by which dower was set off to her, as the widow of Frederick Sitzer, of a farm situated in Ghent, Columbia county, in the…
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Ejectment for doxver admeasured and set off to the lessor of the plaintiff pursuant to the statute, &c., (1R L. 60,) by the Court of Common Pleas of the county of Columbia; tried at the circuit in that comity in 1824, before Duer, C. J 1 } Judge. ■ The plaintiff, after giving in evidence, the proceedings of the Court of Common Pleas, admeasurers, &c., by which dower was set off to her, as the widow of Frederick Sitzer, of a farm situated in Ghent, Columbia county, in the occupation of the defendant; and after proving her intermarnage with, and the death of her husband, gave in evidence a…
1Opinion of the Court
Curia, per Savage, Ch. J.
It is urged, and I think correctly, that the same evidence of seisin should entitle the widow to recover her dower, as would be sufficient to authorize a recovery by the heir. In such case, “'the seisin of the deceased is proved by showing his actual possession of the premises; or by proving his receipt of rent from the person in possession. This is presumptive evidence of a seisin in fee; and sufficient, until the contrary appears.” (2 Ph. Ev. 187.) The rule laid down by Kent, Justice, in Bancroft v. White, (1 Caines, 190,) is this: “ The former husband of the…
2Cases cited2 opinions
- Way v. CareyNew York Supreme Court · 1803
- In re WatkinsNew York Supreme Court · 1812
3Cited by5 opinions
- McGowan v. MorganAppellate Division of the Supreme Court of the State of New York · 1914
- Harrison v. BoydSupreme Court of Alabama · 1860
- Seders v. SternberghNew York Court of Appeals · 1869
- Otis v. ParshleySuperior Court of New Hampshire · 1839
- Taylor v. BentleyNew York Surrogate's Court · 1877