Thompson v. Boyd
Supreme Court of New Jersey
Error to Warren Circuit Court. This was an action of dower, brought in the court below by Fancy ■ Thompson, widow of Robert Thompson, deceased, against James Boyd. The demandant claimed dower in a farm of 225 acres, in said county, in the possession of the defendant. The tenant pleaded that the husband was never seized of the premises during coverture.
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Error to Warren Circuit Court. This was an action of dower, brought in the court below by Fancy ■ Thompson, widow of Robert Thompson, deceased, against James Boyd. The demandant claimed dower in a farm of 225 acres, in said county, in the possession of the defendant. The tenant pleaded that the husband was never seized of the premises during coverture. The cause was tried in the Circuit Court, August, 1844, before Mr. Justice Nevius, when a verdict for the demandant was taken by consent, subject to the opinion of the court (after advisement with the Supreme Court), whether, upon a case…
1Opinion of the CourtCarpenter, J.
We have not been furnished with a copy of the will of James Thompson, but, if I rightly comprehended the statements of counsel in regard to the devise to his two sons, I suppose they took a fee simple in the premises subject to the Shields mortgage, and charged with its payment. The doubts suggested in the preamble of the act empowering the executors to sell, were but the suggestions of those who procured that act, and are not entitled to any special consideration. The conveyance or release by William to Robert vested in the latter the whole estate subject to the encumbrance. It will be…
2Cases cited1 opinion
- Russell v. AustinNew York Court of Chancery · 1828
3Cited by2 opinions
- Feldman v. Urban Commercial, Inc.New Jersey Superior Court Appellate Division · 1960
- Puritan Dairy Products Co. v. ChristoffersNew Jersey Superior Court Appellate Division · 1959