Clifford v. . Kampfe
New York Court of Appeals
Appeal from interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1895, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. An inchoate right of dower is not an estate or interest in real property.
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Appeal from interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1895, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term, sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. An inchoate right of dower is not an estate or interest in real property. ( Witthaus v. Schakc, 105 N. Y. 332; Dunn v. Huether, 22 Civ. Pro. Rep. 118; Phelps v. Phelps, 75 Hun, 577; M. L. Ins. Co. v.…
1Opinion of the CourtHaight, J.
The complaint in substance alleges that the plaintiff is the wife of James Clifford, and as such was seized of an inchoate right of dower in the premises described in the complaint; that on or about, the 6th day of June, 1892, the plaintiff’s husband as owner, together with some person to the plaintiff unknown, did make, execute and deliver to the defendants a deed conveying said property to them ; that the deed purports to have been executed by one Maria Clifford as the wife of J ames Clifford and to have been duly acknowledged before a commissioner of deeds in the city of ¡New York. The…
2Cases cited4 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Taggart v. WadeNew York Supreme Court · 1888
3Cited by19 opinions
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Matter of City of New York (Cropsey Ave.)New York Court of Appeals · 1935
- Auerbach v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1937
- MacKenna v. . Fidelity Trust Co.New York Court of Appeals · 1906
- Blackett v. ZieglerSupreme Court of Iowa · 1910
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