Priest v. Cummings
New York Supreme Court
Error from the supreme court. Catherine Cummings brought her action in the superior court of law of the city of New-York against Luke Kip, to recover, as the widow of James Cummings, her dower in certain lots in the city of New-York.
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Error from the supreme court. Catherine Cummings brought her action in the superior court of law of the city of New-York against Luke Kip, to recover, as the widow of James Cummings, her dower in certain lots in the city of New-York. In 1796, the lots in question were conveyed to her husband ; on the 29th of January, 1802, the plaintiff was married to James Cummings, a natural born citizen, with whom she lived in the city of New-York until his death, in 1832 ; at the commencement of this suit, the defendant was in possession of the premises in question under title derived from the husband of…
1Opinion of the Court
After advisement, the following opinions were delivered :
By the Chancellor.
I have no doubt upon the question, as
to the regularity and validity of the naturalization of the defendant in error in 1829. The fact that she was then a feme covert was no objection, as neither married women or infants are excluded from the benefit of the acts of congress on this subject. The fact that the statute makes the naturalization of the father, in certaian cases, enure to the benefit of his infant children, does not preclude infants themselves from applying whenever it may be necessary; and as the general…
2Cases cited1 opinion
- Fairfax's v. Hunter's LesseeSupreme Court of the United States · 1813
3Cited by16 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Hale v. HaleIllinois Supreme Court · 1893
- Hitz v. JenksSupreme Court of the United States · 1887
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Adams v. PalmerSupreme Judicial Court of Maine · 1863
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