Smith v. Colvin
New York Supreme Court
This was an action of ejectment, tried at the Jefferson circuit in April, 1851, before Mr. Justice Pratt. It was tried upon the pleadings and upon a written stipulation of facts, as follows: “ The plaintiff married Lucy Fillmore in the month of December, 1832, and cohabited with her until 1848, when they separated, leaving the said Lucy in possession of the premises contained in the plaintiff’s complaint.
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This was an action of ejectment, tried at the Jefferson circuit in April, 1851, before Mr. Justice Pratt. It was tried upon the pleadings and upon a written stipulation of facts, as follows: “ The plaintiff married Lucy Fillmore in the month of December, 1832, and cohabited with her until 1848, when they separated, leaving the said Lucy in possession of the premises contained in the plaintiff’s complaint. During such cohabitation the said plaintiff had two children born alive of the said Lucy, and one of whom is now living with the said Lucy, a son about fourteen years of age ; the other is…
1Opinion of the Court
By the Court, Hubbard, J.
The precise question to be de7 termined is, whether the plaintiff at the time of the trial had any legal estate in the premises, sufficient to sustain ejectment. The defendant’s first objection is founded upon the statute for the more effectual protection of the rights of married women. (Sess. Laws, 1848, p. 307, § 2. Laws of 1849, p. 528, § 3.)
It cannot be disputed that in 1845, at the time the premises descended to the plaintiff’s wife, Lucy, (whose maiden name was Fillmore,) the plaintiff acquired a freehold estate, jure uxoris. (2 Kent’s Com. 130, 3d ed.) A…
2Cases cited2 opinions
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- In re WinneNew York Supreme Court · 1869
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