Swaine v. Perine
New York Court of Chancery
The plaintiff, Dorothy Swaine, on the 1st of October, 1819, filed her bill, stating, that she is the widow of Simon Swaine, who died, seised and possessed of a dwelling =house, farm, &c. on the 31st of March, 1816, intestate, leaving the defendant, Catharine Perine, his only child and heir at law.
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The plaintiff, Dorothy Swaine, on the 1st of October, 1819, filed her bill, stating, that she is the widow of Simon Swaine, who died, seised and possessed of a dwelling =house, farm, &c. on the 31st of March, 1816, intestate, leaving the defendant, Catharine Perine, his only child and heir at law. That being entitled, as she was advised, to one third part of the premises, of which her husband so died seised, situate in Southfield, in the county of Richmond, during her life, she, on the 13th of December, 1816, demanded of the defendant to assign to her, the plaintiff;, her dower in the…
1Opinion of the Court
The Chancellor.
This is a bill for dower; and the bill charges, that the defendant is the only child and heir at law of Simon Swaine, her late husband, and that she has possession of the title deeds, and refuses to assign dower. The jurisdiction of the Court is not questioned by the defendant ; and that jurisdiction appears to be well established, in cases where no legal bar or impediment is raised to the title. The practice is to decree the dower to be set out by the master, as was done in the case of Goodenough v. Goodenough, (Dickens, 795.) or to grant a commission to assign dower, as was…
2Cases cited1 opinion
- Perine v. DunnNew York Court of Chancery · 1818
3Cited by25 opinions
- Spreckels v. SpreckelsCalifornia Supreme Court · 1897
- Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
- Kelly v. McGrathSupreme Court of Alabama · 1881
- Greiner v. KleinMichigan Supreme Court · 1873
- Daniher v. DaniherIllinois Supreme Court · 1903
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