Baker v. Oakwood
New York Supreme Court
Appeal from special term, Onondaga county. Action by Letitia 0. Baker against Oakwood, a corporation, to recover the - possession of one undivided fourth interest in a tract of land .formerly owned by her father, Charles B. Hargin. The land in 1835 was mortgaged by the-person owning the entire tract, and before August 6, 1840, the date of Charles ■ B. Hargin’s death, he acquired title to the equity of redemption of one fourth, interest therein.
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Appeal from special term, Onondaga county. Action by Letitia 0. Baker against Oakwood, a corporation, to recover the - possession of one undivided fourth interest in a tract of land .formerly owned by her father, Charles B. Hargin. The land in 1835 was mortgaged by the-person owning the entire tract, and before August 6, 1840, the date of Charles ■ B. Hargin’s death, he acquired title to the equity of redemption of one fourth, interest therein. In 1845 the whole tract was sold under foreclosure decree, but the proceedings were so irregular as not to divest the owners of the equity of their…
1Opinion of the CourtFollett, J.
The plaintiff’s right to recover the undivided twelfth which she inherited August 6, 1840, from her father, accrued, at the latest, July 3, 1849, when Mrg, Raynor went into possession of the land under her deed,. *571October, 81, 1852, the plaintiff became of age, was then unmarried, and so" remained until 1865, since which she has been a married woman. May 6, 1870, (c. 741, Laws 1870,) the exception theretofore existing in the statutes of limitation in favor of married women was abolished. Thirteen years elapsed between the date when she arrived at full age and the date of her second marriage,…
2Cases cited4 opinions
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Lessee of Mercer v. SeldenSupreme Court of the United States · 1843
- Ferguson v. . TweedyNew York Court of Appeals · 1871
- Birdsall v. CaryNew York Supreme Court · 1883
3Cited by2 opinions
- Butler v. City of OswegoNew York Supreme Court · 1889
- Trolan v. RogersNew York Supreme Court · 1894