Billings v. Baker
New York Supreme Court
THIS was an appeal from an order made at a special term, upon a motion by the plaintiff to amend her complaint, by striking out the name of her husband, Perry P. Billings, as a defendant. The action is for partition of real estate, which came to the plaintiff by inheritance, since the acts of 1848 and 1849, “ for the more effectual protection of married women.”
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THIS was an appeal from an order made at a special term, upon a motion by the plaintiff to amend her complaint, by striking out the name of her husband, Perry P. Billings, as a defendant. The action is for partition of real estate, which came to the plaintiff by inheritance, since the acts of 1848 and 1849, “ for the more effectual protection of married women.” The husband was made a defendant under the impression that as the husband of the plaintiff, and by the birth of issue, and seizin of the wife during coverture, he had an inchoate interest as tenant by the curtesy. On the trial before a…
1Opinion of the Court
Potter, J.,
delivered the following opinion, at the special term.
The facts set forth in the moving affidavits are sufficient to show that it is in furtherance of justice to grant this motion, and it must therefore be granted, unless the defendant Perry» P. Billings, as the husband of the plaintiff, has either a present or prospective interest in the plaintiff’s real estate. If he has such an interest, then the motion should be denied. At common law prior to the statutes of 1848 and 1849, the husband would have been tenant by the curtesy initiate, in such an estate; he is so still, if the…
2Cases cited10 opinions
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Shumway v. CooperNew York Supreme Court · 1853
- Simonds v. CatlinNew York Supreme Court · 1804
- Strong v. SkinnerNew York Supreme Court · 1848
- Blood v. HumphreyNew York Supreme Court · 1854
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3Cited by21 opinions
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- In re WinneNew York Supreme Court · 1870
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