Mowatt v. Wright
New York Supreme Court
This was an action of assumpsit, commenced in 1827, tried at the New-York circuit in April, 1828, before the Hon. Ogden Edwards, one of the circuit judges, to recover back $1000, paid by the plaintiffs to the defendant under the following circumstances: In 1821, the defendant brought several actions to recover her dower, as the widow of Dr. John Gr. Wright, in certain real estate in the city of Nevv-York.
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This was an action of assumpsit, commenced in 1827, tried at the New-York circuit in April, 1828, before the Hon. Ogden Edwards, one of the circuit judges, to recover back $1000, paid by the plaintiffs to the defendant under the following circumstances: In 1821, the defendant brought several actions to recover her dower, as the widow of Dr. John Gr. Wright, in certain real estate in the city of Nevv-York. The late John Mowatt, junior, the father of the plaintifís, was uouched to warrant the title or the defendants in those suifs, as he had formerly owned the property, and had sold it with a…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is, whether the $1000 were paid by mistake of the facts, or compulsion of law; or whether it was voluntary, and to compromise a suit and a disputed claim 1 At the trial, it was attempted to shew fraud in Mrs. Wright; but that was satisfactorily re_ butted. She was married at 17 years of age, and soon after executed the conveyance of these lots. In 1821, she was informed by a Mr. Baldwin, that she had a right of dower in certain lots; but she had forgotten that her husband had ever owned those lots, and took pains to make all possible enquiries for the…
2Cases cited1 opinion
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