Legal Opinion

Matthews v. Duryee

New York Supreme Court

Decided February 1, 1864PublishedCited by 18 opinions

rpHIS was an action brought by the plaintiff, as the widow I of Charles S. Matthews, to recover her dower in surplus moneys-arising from the sale of mortgaged premises under a decree for the foreclosure of a mortgage executed by her husband. By an order inade 'in that suit the whole of the surplus moneys were ordered to be paid over to the defendant Duryee, and the same were still in his hands.

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rpHIS was an action brought by the plaintiff, as the widow I of Charles S. Matthews, to recover her dower in surplus moneys-arising from the sale of mortgaged premises under a decree for the foreclosure of a mortgage executed by her husband. By an order inade 'in that suit the whole of the surplus moneys were ordered to be paid over to the defendant Duryee, and the same were still in his hands. The plaintiff, though made a party to' the foreclosure suit, failed to appear or assert her claim to dower, and filed no claim to the surplus moneys, and was not notified of the reference respecting…

1Opinion of the CourtLeonard, J.

The surplus money'arising on a sale of land under mortgage foreclosure stands in the place of the land in respect to those having liens or vested rights therein, and the widow of the owner of the equity of redemption is entitled to dower in the surplus, as she was in the land before the sale. This proposition is not disputed by the counsel for the defendant, but it is insisted that the right-of the plaintiff to dower is barred by her neglect or omission to assert her claim in certain actions and "proceedings involving the title to the laud or its surplus proceeds, in which actions the…

2Cited by18 opinions

  1. Malloney v. . HoranNew York Court of Appeals · 1872
  2. Servis v. DornNew Jersey Court of Chancery · 1909
  3. Butler v. SmithOregon Supreme Court · 1890
  4. Butler v. CraigSupreme Court of Kansas · 1883
  5. Felts v. MartinAppellate Division of the Supreme Court of the State of New York · 1897

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