Coles v. Coles
New York Supreme Court
IN partition, under the act for the partition of lands, passed April 12th, 1813. sess. 36. c. 100.(1 M. R. L. 507.) The defendant pleaded non tenent insimul, and the cause was tried before Mr. J. Van Mess, at the Mew-York sittings in June, 1817. j
1Opinion of the CourtPlatt, J.
The widow filed her petition under the “ act for the partition of lands,” to which the defendant pleaded non tenent insimul. Upon the trial of that issue, the widow claimed dower in the lands described in the petition; and there was a verdict for the plaintiff, subject, &c.
Upon the evidence stated in the case, two questions were made on the argument:
1st. Whether a widow is entitled to dower when the husband died seized of an equity of redemption only ; having mortgaged the land before marriage ?
2d. Whether dower can be assigned under the act for the partition of lands ?
Upon the first point, I…
2Cited by17 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Denton v. NannyNew York Supreme Court · 1850
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Renard v. BrownNebraska Supreme Court · 1878
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