Everson v. McMullen
New York Supreme Court
Appeal from an interlocutory judgment entered in Ulster county, upon the trial of this action by the court without a jury. The action was brought by the plaintiff to recover her dower in certain lands of which her husband died siezed.
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Appeal from an interlocutory judgment entered in Ulster county, upon the trial of this action by the court without a jury. The action was brought by the plaintiff to recover her dower in certain lands of which her husband died siezed. The court found that Morgan Everson, the plaintiff’s husband, at the time of his death, in 1875, was seized of the property in question subject to a mortgage executed by himself and the plaintiff, his then wife, of $12,000 and some accrued interest, owned and held by the Rondout Savings Bank; that the mortgage covered o.ther lands as well as the lands in…
1Opinion of the Court
Landon, J. :
The plaintiff’s husband died seized in fee of the premises. She had joined with him in executing the $12,000 mortgage, which, •with interest, was unpaid at his death. By joining in the mortgage she released her claim for dower in favor of any person who should thereafter acquire title to the premises under the mortgage. She did not unite in any of the conveyances made since the death of her husband, and under which defendant holds title to the portion of the premises now in question. She has not in any way released her claim of dower except by joining in the $12,000 mortgage. The…
2Cases cited7 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Rogers v. RogersNew York Court of Chancery · 1828
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Coates v. CheeverNew York Supreme Court · 1823
- Wilkes v. . HarperNew York Court of Appeals · 1848
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