Walker v. Schuyler
New York Supreme Court
Ejectment for dower and costs of suit. The plaintiff, before admeasurement of dower, brought an action of ejectment, pursuant to the revised statutes, to recover dower in lands of which her husband was seised during the marriage, but which he had aliened as long since as 1792, at which time the lot out of which dower was sought was in a state of nature, uncultivated and unimproved, and its value did not exceed $200. The plaintiff recovered a verdict in the ejectment suit,…
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Ejectment for dower and costs of suit. The plaintiff, before admeasurement of dower, brought an action of ejectment, pursuant to the revised statutes, to recover dower in lands of which her husband was seised during the marriage, but which he had aliened as long since as 1792, at which time the lot out of which dower was sought was in a state of nature, uncultivated and unimproved, and its value did not exceed $200. The plaintiff recovered a verdict in the ejectment suit, had her costs taxed and judgment roll signed and filed, and obtained the appointment of commissioners to make…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The language of the revised statutes is as follows : “A widow shall be endowed of the third part of all the lands whereof her husband was seised of *483an estate of inheritance at any time during the marriage.” 2 R. S, 740, § 1. The act of 1787 was in nearly the same language. After declaring that the widow shall give nothing for her dower, that she shall tarry 40 days in the mansion house of her husband, &c. it is enacted as follows : “ and for her dower shall be assigned unto her the third part of all the lands of her husband, which were his at any time during the…
2Cited by9 opinions
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- Wheeler v. MorrisThe Superior Court of New York City · 1858
- Van Gelder v. PostNew York Court of Chancery · 1836
- Johnston v. VandykeU.S. Circuit Court for the District of Michigan · 1855
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