Ellicott v. Mosier
New York Supreme Court
Demurrer to answers. The action was ejectment, to recover dower in certain premises described in the complaint as land situate in the city of Buffalo, bounded easterly by Washington-street 263 feet, southerly by Swan-street 200 feet, westerly by Main-street 263 feet, and northerly by South Division-street 200 feet.
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Demurrer to answers. The action was ejectment, to recover dower in certain premises described in the complaint as land situate in the city of Buffalo, bounded easterly by Washington-street 263 feet, southerly by Swan-street 200 feet, westerly by Main-street 263 feet, and northerly by South Division-street 200 feet. The defendant, for new matter, stated substantially, that the plaintiff’s husband was seised in fee simple of the premises, and that in February, 1829, he demised them to Ira Blossom and Lewis F. Allen, for the term of twenty-one years, reserving annual rent; and that by another…
1Opinion of the Court
By the Court,
Marvin, J.
The principal question presented and argued, is, can the plaintiff maintain this action to recover dower against a tenant who has an estate or interest less than a freehold, before dower has been assigned or admeasured 1 At common law the writ of dower lay against the person only who had the freehold, and who ought to have assigned dower to the widow without compulsion. (1 Roper on Husb. and Wife, 429, et seq.) The heir, or the owner of the freehold, had the right to assign dower. An assignment of dower could not be made by any person who had not a freehold in the…
2Cases cited3 opinions
- Siglar v. Van RiperNew York Supreme Court · 1833
- Shaver v. M'GrawNew York Supreme Court · 1834
- Hurd v. GrantNew York Supreme Court · 1829
3Cited by1 opinion
- Aikman v. HarsellNew York Supreme Court · 1880