Van Duyne v. Thayre
New York Supreme Court
This was an action of ejectment for dower, tried at the Yates circuit in December, 1833, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of ejectment for dower, tried at the Yates circuit in December, 1833, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff, Mary Van Duyne, claimed to récover dower in certain premises conveyed to her husband, Dennis Van Duyne, on the 15th December, 1818. She was married to him in 1824, and he died in 1831. The claim was resisted on the ground that the defendant was in possession as the tenant of the heirs of one George D. Stewart, to whom Dennis Van Duyne executed a mortgage of the premises in which dower was claimed, on 15th December, 1818, to secure…
1Opinion of the Court
By the Court,
Nelson, J.
The evidence of the loss of the mortgage was sufficient to admit secondary proof of its contents. I cannot comprehend the force of the objection to the admissions of the mortgagor, while in the possession arid occupation of the premises. They were admissible against him, and all persons claiming under him. 4 Johns. R. 230. 11 Wendell, 536. It is said, that the husband may thereby defeat his wife’s dower; but her rights in this respect are no more deserving an exemption from this well settled rule of law, than any other person who has derived his title through him. These…
2Cited by38 opinions
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