M'Dowl v.Charles
New York Court of Chancery
THE bill, filed November 13, 1810, by JVDJJowl, and. Eleanor his wife, stated, that the wife was one of the children and heirs of Mary Charles, deceased. That on the 28th of April, 1795, the defendant borrowed of her 400 dollars, and gave his bond, payable on the first of September, 1797, and, as security for the payment, executed to her a mortgage on a lot of land in Albany.
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THE bill, filed November 13, 1810, by JVDJJowl, and. Eleanor his wife, stated, that the wife was one of the children and heirs of Mary Charles, deceased. That on the 28th of April, 1795, the defendant borrowed of her 400 dollars, and gave his bond, payable on the first of September, 1797, and, as security for the payment, executed to her a mortgage on a lot of land in Albany. The mortgage, which contained a power of sale, was registered the 15th of July, 1813. No part of the principal or interest had ever been paid. Mary C. died on the 31st of August, 1808, intestate, leaving the plaintiff,…
1Opinion of the Court
The Chancellor.
Two points arise in this case:
I. Whether the suit was abated by the death of John MBowl, the husband, since the demurrer was put in; and, if not, then,
2. Whether the demurrer ought to be allowed ?
1. The bill was filed to recover a distributive share of assets due to the wife, as one of the children of Mary Charles, deceased, and there can be no doubt of the fact, that the cause of action has survived to the wife. The demand was entirely in her right, and was in the nature of a chose in action; and as it was not reduced to possession, during the lifetime of the husband, his…
2Cited by4 opinions
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- Robinson v. RobinsonSupreme Court of Alabama · 1847
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