Runyan v. Stewart
New York Supreme Court
This was an action of ejectment, brought by the plaintiff to recover dower, as widow of Philip E. Runyan, deceased, in certain real estate situated in the town of Gorham, Ontario county.
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This was an action of ejectment, brought by the plaintiff to recover dower, as widow of Philip E. Runyan, deceased, in certain real estate situated in the town of Gorham, Ontario county. Issue being joined, the cause was broughjt to trial at the circuit court held before Welles, justice, in tl>e county of Ontario, in July, 1848. .Upon the trial, the plajntiff gave in evidence a deed from William Gamber and wife to Philip E. Runyan, dated March 31st, 1828, conveying, for the consideration of $1600, one hundred and ten acres of land, being the same premises described in the declaration. The…
1Opinion of the CourtWelles, P. J.
In this case I am unable to go with my brother Johnson the length he has gone. If Baker had taken an assignment of the mortgage given by the plaintiff and her husband to Gamber for the purchase money, then I think he might be regarded as holding under it. But instead of doing so, he procured it to be discharged and satisfied of record. There can be no doubt that the husband of the plaintiff acquired an estate in fee by the deed from Gamber, subject to be defeated by the mortgage to the latter. (Runyan v. Mersereau, 11 John. 534, 2d ed. 593. Jackson v. Bronson, 19 Id. 325.) These cases, as…
2Cases cited2 opinions
- Runyan v. MersereauNew York Supreme Court · 1814
- Popkin v. BumsteadMassachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Atkinson v. AngertSupreme Court of Missouri · 1870
- Brown v. BrownThe Superior Court of New York City · 1865
- Brown v. BrownThe Superior Court of New York City · 1866
- De Lisle v. HerbsNew York Supreme Court · 1881
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