Feitner v. Hoeger
New York Court of Common Pleas
Exceptions taken at a trial term of this court ordered to be heard in the first instance at the General Term. The action was brought by Mrs. Feitner as widow of George Feitner, who died in May, 1882, for dower in the - premises on the north side of 48th Street, 375 feet west of 9th Avenue.
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Exceptions taken at a trial term of this court ordered to be heard in the first instance at the General Term. The action was brought by Mrs. Feitner as widow of George Feitner, who died in May, 1882, for dower in the - premises on the north side of 48th Street, 375 feet west of 9th Avenue. The title of defendant Hoeger is derived through several mesne conveyances from Lewis Lewis, to whom the premises were conveyed by Samuel Cowdrey, master in chancery, by deed dated December 8th, 1838, recorded December 14th, 1838, by virtue of a sale under a decree óf foreclosure in chancery, etc., made in…
1Opinion of the Court
J. F. Daly, J. — [After stating the facts as above.] —
A mortgage, like a deed, by an infant, is said to be voidable, but not absolutely void (Thomas on Mortgages 134, and cases cited); but an exception has been made with regard to conveyances by a wife joining with her husband in order to release her dower, and such a deed by an infant feme covert is said to be absolutely void (Sherman v. Garfield, 1 Denio 329; Sanford v. McLean, 3 Paige 121). But whether the mortgage was, as to her, voidable only or absolutely void, she had a defense on either ground to the foreclosure, and could have…
2Cases cited8 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Malloney v. . HoranNew York Court of Appeals · 1872
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Leavitt v. CrugerNew York Court of Chancery · 1829
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3Cited by2 opinions
- Crouter v. . CrouterNew York Court of Appeals · 1892
- Syracuse Savings & Loan Ass'n v. HassNew York Supreme Court · 1929