Stewart v. Smith
New York Supreme Court
THE plaintiff applied to this court for an admeasurement of her dower in certain lots of land in the city of New York. Such lots had been aliened by the husband during his life. Since the alienation by the husband, part of the lots had been built on, by the purchaser.
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THE plaintiff applied to this court for an admeasurement of her dower in certain lots of land in the city of New York. Such lots had been aliened by the husband during his life. Since the alienation by the husband, part of the lots had been built on, by the purchaser. The commissioners, in setting off the dower, did so by awarding to the widow a strip of land on the north side of the lots, without regard to the buildings, so that the division line would pass through the buildings in a manner which would render both parts of little value to the owner. On a motion at special term to confirm the…
1Opinion of the Court
By the Court,
Ingraham, J.
The first objection to the assignment of dower by the commissioners is, that the commissioners should not admeasure dower in any lands except those in possession of the defendant when .the action was commenced. This would be in accordance with the findings of the referee, who reported that at the time of the commencement of this action the defendant was in possession of the premises, but I do not think it would be sufficient. The evidence before the referee showed that the defendant was not the owner, but was merely in possession of the premises. This is not enough.…
2Cases cited2 opinions
- Ward v. KiltsNew York Supreme Court · 1834
- Rathbun v. MillerNew York Supreme Court · 1810