Currin v. Finn
New York Supreme Court
Ejectment, for dower, tried at the New-York circuit in January, 1844, before Kent, late C. Judge. The plaintiff, Mary Eliza Currin, was formerly the wife of James Kerrigan, to whom she was married in the year 1818, and who died leaving her his widow in April, 1838. She afterwards married John Currin, the other plaintiff.
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Ejectment, for dower, tried at the New-York circuit in January, 1844, before Kent, late C. Judge. The plaintiff, Mary Eliza Currin, was formerly the wife of James Kerrigan, to whom she was married in the year 1818, and who died leaving her his widow in April, 1838. She afterwards married John Currin, the other plaintiff. The plaintiffs proved these facts, and that the defendant conveyed the premises in-which dower was claimed to James Kerrigan, on the 14th day of December, 1833, and that a demand of dower had been made, and rested. The defendant gave evidence to shew that Mary Eliza was an…
1Opinion of the Court
By the Court, Jewett, J.
At the common law, a feme covert, being an alien, was not entitled to be endowed, nor could *231she inherit. (Co. Litt. 31, b.; Kelly v. Harrison, 2 John. Cas. 29; Davis v. Darrow, 12 Wend. 65.) The statute allowing dower to the resident widow of an alien husband, (1 R. S. 740, § 2,) has, of course, no application where, as in this case, the husband was a citizen and the widow an alien.
But it is claimed on the part of the plaintiffs, that Mrs. Currin, although an alien, is entitled to dower in the lands of which her former husband died seized, as a purchaser, within the…
2Cases cited3 opinions
- Mick v. MickNew York Supreme Court · 1833
- Davis v. DarrowNew York Supreme Court · 1834
- Connolly v. SmithNew York Supreme Court · 1839
3Cited by4 opinions
- Wright v. . SaddlerNew York Court of Appeals · 1859
- Bennett v. HarmsWisconsin Supreme Court · 1881
- Larreau v. DavignonSuperior Court of Buffalo · 1866
- Overing v. RussellNew York Supreme Court · 1860