Jackson ex dem. Corson v. Cairns
New York Supreme Court
EJECTMENT for lands, &cc, in JVorthfield, in the county of Richmond, tried before the Chief Justice, on the 31st M May, 182_ _ _ _ Jacob Corson died seised and possessed of the premises iii question, and other real estate, m 1772, leaving three children : Mary, the wife of John Simonson ; Cornelia, wife of Ernest Under, and, after his death, wife of James . . Dujfie, and, after his death, wife of Gozen Ryers; and Ehzabeth,- wife of Jacob Sebring.
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EJECTMENT for lands, &cc, in JVorthfield, in the county of Richmond, tried before the Chief Justice, on the 31st M May, 182_ _ _ _ Jacob Corson died seised and possessed of the premises iii question, and other real estate, m 1772, leaving three children : Mary, the wife of John Simonson ; Cornelia, wife of Ernest Under, and, after his death, wife of James . . Dujfie, and, after his death, wife of Gozen Ryers; and Ehzabeth,- wife of Jacob Sebring. Mary, the wife of Simonson, died in 1779, leaving two children, Cornelia, one of the les- . . sors of the plaintiff, and John Simonson} who is now…
1Opinion of the Court
Spencer, Ch. J,
delivered the opinion of the Court. It was decided by this Court, in the cases of Jackson v. Sears, (10 Johns. Rep. 435.) and Jackson v. Stevens, (16 Johns. Rep. 110.) that a grant in fee, by the husband and wife, of *304the wife’s lands, the deed not being acknowledged by her according to the statute, passed only the husband’s interest, and that the estate, after his death, reverted to her and her heirs. At the common law, the alienation of a husband, who was seised in right of his wife, worked a discontinuance of her estate. This was remedied by the statute of 32 H. VIII. ch. 28.…
2Cases cited1 opinion
- Demarest v. WynkoopNew York Court of Chancery · 1817
3Cited by3 opinions
- Fairchild v. ChastelleuxSupreme Court of Pennsylvania · 1845
- Pattison v. DryerMichigan Supreme Court · 1894
- Jones v. PattersonNew York Supreme Court · 1852