Stewart v. Smith
New York Court of Appeals
Mary Stewart, claiming dower as widow of William Stewart, •deceased, having recovered judgment in an action in the nature of ejectment against Andrew Smith and others, subsequently obtained an order appointing commissioners to ad-measure her dower. On the coming in of the report of the commissioners, the report was vacated, and an appeal taken.
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Mary Stewart, claiming dower as widow of William Stewart, •deceased, having recovered judgment in an action in the nature of ejectment against Andrew Smith and others, subsequently obtained an order appointing commissioners to ad-measure her dower. On the coming in of the report of the commissioners, the report was vacated, and an appeal taken. The supreme court, on this appeal, affirmed the order vacating it, upon the ground that notice of the application for .the appointment of commissioners had not been given to all the owners of the land claiming a freehold interest therein, as required…
1Opinion of the Court
By the Court.
HogeBoom, J.
[After questioning the appealable character of the order, a point not passed on by the court.]—I think the supreme court were in error in supposing that, in a case like this, notice of the proceedings to admeasure dower was necessary to be given to the owners of the land claiming a freehold estate therein. This is not an original proceeding in this court for the appointment of admeasurers of dower (2 R. S. 488), but a mere supplement to an action of ejectment in which the plaintiff has already succeeded in establishing her right to dower. The case is, therefore,…
2Cases cited2 opinions
- Coates v. CheeverNew York Supreme Court · 1823
- Ellicott v. . MosierNew York Court of Appeals · 1852