Hinchliffe v. . Shea
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 34 Hun, 365.) This action was brought to foreclose a mortgage executed March 25, 1878, by Martin Shea and his wife, the defendant, Margaret Shea, upon lands of the husband.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 34 Hun, 365.) This action was brought to foreclose a mortgage executed March 25, 1878, by Martin Shea and his wife, the defendant, Margaret Shea, upon lands of the husband. In 1880 the premises were sold under an execution issued upon a judgment recovered in 1874 against said Martin Shea, and, not having been redeemed, were…
1Opinion of the CourtAndrews, J.
The joinder by a married woman with her husband in a deed or mortgage of his lands, does not operate as to her by way of passing an estate, but inures simply as a release to the grantee of the husband, of her future contingent right of dower in the granted or mortgaged premises, in aid of the title or interest conveyed by his deed or mortgage. Her release attends the title derived from the husband, and concludes her from afterward claiming dower in the premises as against the , grantee or mortgagee, so long as there remains a subsisting title or interest, created by his conveyance. But it is…
2Cases cited3 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Marvin v. . SmithNew York Court of Appeals · 1871
- Littlefield v. CrockerSupreme Judicial Court of Maine · 1849
3Cited by10 opinions
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Wilson v. RobinsonCourt of Appeals for the Second Circuit · 1936
- Smith v. HowellSupreme Court of Arkansas · 1890
- Bealey v. BlakeSupreme Court of Missouri · 1900
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