Pitts v. . Pitts
New York Court of Appeals
Appeal from an order. Friend Pitts and others brought an action for the partition of lands in the city of New York, against Mary Ann Pitts and others.
Read the full summary
Appeal from an order. Friend Pitts and others brought an action for the partition of lands in the city of New York, against Mary Ann Pitts and others. After the decree, Rachel Ann, the wife of John Pitts, another defendant, refused to release her dower, and thereupon the referee named in the decree was directed to ascertain the then present value of her inchoate right of dower, which he accordingly did, and the fund thus claimed by her was secured by a mortgage, subject to the order of the court. The dispute as to her claim of dower arose out of the following facts : Before the partition had…
1Opinion of the Court
By the Court.—Allen, J.
A wife can only be barred of dower by conviction of adultery in an action for a divorce, and by the judgment of the court in such action (2 Rev. Stat. 146, § 48 ; 1 Id. 741, § 8). The loss of dower is a part of the penalty for the offense, and follows the judgment. A forfeiture of dower cannot be established by proof of adultery, or by a verdict or judgment in any other action. The proof or admission upon the record of adultery, in an action to recover dower, will not defeat the action under the statutes of this State.
A cohabitation by the husband with the wife after…
2Cited by11 opinions
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Blaufus v. . PeopleNew York Court of Appeals · 1877
- Schiffer v. . PrudenNew York Court of Appeals · 1876
- Van Cleaf v. . BurnsNew York Court of Appeals · 1890
- State v. TownleySupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.