Dewey v. Hoag
New York Supreme Court
This was an action to recover the possession of the undivided third part of a lot of land formerly owned by Charles Dewey, deceased, late the husband of the plaintiff, of which the complaint alleged he died seised and possessed; the plaintiff claiming to be entitled to an undivided third of said lot, in virtue of her right of dower.
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This was an action to recover the possession of the undivided third part of a lot of land formerly owned by Charles Dewey, deceased, late the husband of the plaintiff, of which the complaint alleged he died seised and possessed; the plaintiff claiming to be entitled to an undivided third of said lot, in virtue of her right of dower. The answer contained a general denial of the facts set forth in the complaint, and alleged that prior to the month of June, 1848, the defendant was the holder or owner of a certain mortgage, executed by Charles Dewey, deceased, to Daniel Sweet, which had been…
1Opinion of the CourtHand, J.
The answer does not state that the alleged agreement for the sale and purchase of the land was not in writing. The statute of frauds, at law, did not alter the form of declaring upon a contract. That is matter of evidence. (1 Saund. R. 211, n. 2. Elting v. Vanderlyn, 4 John. 237. State of Ind. v. Woram, 6 Hill, 33. Gibbs v. Nash, 4 Barb. 449.) And the rule was the same in setting up an agreement in a bill of complaint. (Cozine v. Graham, 2 Paige, 177. Champlin v. Parish, 11 Id. 405.) It has been said, that if the defendant pleads in bar any agreement which is required by the statute to be in…
2Cases cited4 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Elting v. VanderlynNew York Supreme Court · 1809
- Gibbs v. NashNew York Supreme Court · 1848
- Lounsbury v. PurdyNew York Supreme Court · 1851
3Cited by10 opinions
- Du Pont v. DavisWisconsin Supreme Court · 1874
- Webster v. Van SteenberghNew York Supreme Court · 1864
- Lombard v. CowhamWisconsin Supreme Court · 1874
- Dale v. HunnemanNebraska Supreme Court · 1881
- Kahn v. Old Telegraph Mining Co.Utah Supreme Court · 1880
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