Legal Opinion

Jackson ex dem. Sitzer v. Waltermire

New York Supreme Court

Decided February 15, 1826PublishedCited by 5 opinions

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…

Read the full summary

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

  1. Way v. CareyNew York Supreme Court · 1803
  2. In re WatkinsNew York Supreme Court · 1812

3Cited by5 opinions

  1. McGowan v. MorganAppellate Division of the Supreme Court of the State of New York · 1914
  2. Harrison v. BoydSupreme Court of Alabama · 1860
  3. Seders v. SternberghNew York Court of Appeals · 1869
  4. Otis v. ParshleySuperior Court of New Hampshire · 1839
  5. Taylor v. BentleyNew York Surrogate's Court · 1877

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API