Collins v. Torry
New York Supreme Court
THIS was an action of dower, uncle nihil habet. Plea, non seisin. At the trial, the marriage of the demandant with her late husband, and his death in Octo^er, 1805, were admitted. It was proved, that the demandant’s husband, during the coverture, was seised, • y under Thomas Merrick, of 200 acres of land, and occupied the same as his own, in 1775, 1776, and 1777; and that the defendant now owns and possesses 40 acres, part of the same land.
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THIS was an action of dower, uncle nihil habet. Plea, non seisin. At the trial, the marriage of the demandant with her late husband, and his death in Octo^er, 1805, were admitted. It was proved, that the demandant’s husband, during the coverture, was seised, • y under Thomas Merrick, of 200 acres of land, and occupied the same as his own, in 1775, 1776, and 1777; and that the defendant now owns and possesses 40 acres, part of the same land. The plaintiff also produced a j e(j from Thomas Merrick to her late husband, dated . May 9th, 1775, for the 200 acres of land in fee. Her husband…
1Per curiam
This case comes within one of the principles declared in the case of Hitchcock and wife v. Harrington. (6 Johns. Pep. 290.) The tenant derives his, title from, and holds under, the title of the husband of the demandant, as it existed during the coverture, and he, therefore, is not permitted to deny the seisin of the husband.. He shows no title under the mortgage; and he cannot, therefore, set it up to defeat the widow’s dower. 'A mortgage before foreclosure or entry is not now regarded as a legal title which a stranger can set up. It can only be used by the mortgagee and his representatives.…
2Cases cited1 opinion
- Henthorn v. DoeIndiana Supreme Court · 1822
3Cited by31 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Denton v. NannyNew York Supreme Court · 1850
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Boynton v. SawyerSupreme Court of Alabama · 1860
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