McCray v. McCray
New York Supreme Court
THIS action was brought to recover possession of a farm of land containing 149 acres. The action was tried at the Chenango circuit in September, 1859. It was proved that a son of the plaintiff married the defendant in 1849, by whom she had two daughters, one of whom was living and under six years of age at the time of the trial.
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THIS action was brought to recover possession of a farm of land containing 149 acres. The action was tried at the Chenango circuit in September, 1859. It was proved that a son of the plaintiff married the defendant in 1849, by whom she had two daughters, one of whom was living and under six years of age at the time of the trial. The son went into possession of the farm, by permission of the plaintiff, in the spring of 1850; and lived on it with the defendant, and worked it, until his death in November, 1855. He left no will; and the defendant continued in possession of the farm and worked it,…
1Opinion of the CourtBalcom, J.
The defendant is guardian in socage of her infant daughter; (1 R. S. 718, §§ 5, 6 ;) and if the daughter is. entitled to hold the farm in question, the defendant is rightfully in possession of it as her guardian in socage. (2 id. 153, § 20. 17 Wend. 75: 19 id. 306.) Besides, the defendant has a dower right in the farm, and is heir to her deceased daughter. She may claim the farm both as heir and guardian; and is therefore in a position to assert an equitable right to it, if her husband had such a right at the time of his death.
The decisions mainly relied on by the plaintiff's counsel were all…
2Cases cited3 opinions
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Dugan v. GittingsCourt of Appeals of Maryland · 1845
- Holmes v. SeelyNew York Supreme Court · 1837
3Cited by4 opinions
- Lee v. DillNew York Supreme Court · 1863
- Bartholomew v. LyonNew York Supreme Court · 1874
- Freeman v. FreemanNew York Supreme Court · 1868
- McCray v. McCrayNew York Supreme Court · 1861