Sommer v. Bavarian Star Brewing Co.
New York Court of Common Pleas
Action by Sebastian Sommer, as administrator of Diadema Sommer, deceased, against the Bavarian Star Brewing Company. Defendant demurred to the complaint.
1Opinion of the CourtDaly, C. J.
A widow entitled to dower, who joins with the heirs in a lease of the real estate for a term of years, becomes vested, as against the tenant, with all the rights of a lessor, and her title to the premises and to the rents cannot be disputed by Mm. Her right of dower gives her an interest in the land which is capable of being sold, transferred, and mortgaged, (Insurance Co. v. Shipman, 119 N. Y. 324, 24 N. E. 177; Pope v. Mead, 99 N. Y. 201, 1 N. E. 671; Payne v. Becker, 87 N. Y. 153;) and there is no reason why she may not join with the heirs or owners of the fee in a lease of the land. The…
2Cases cited4 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Payne v. . BeckerNew York Court of Appeals · 1881
- Pope v. . MeadNew York Court of Appeals · 1885
3Cited by1 opinion
- Holmquist v. Bavarian Star Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1896