Phelps v. . Phelps
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on. trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Seizin in the husband is the first essential of the right of dower.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1894, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on. trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Seizin in the husband is the first essential of the right of dower. (Statute of Uses & Trusts, § 51.) The agreement and arrangement under which Lewis is alleged to have taken title did not vest any legal estate in the defendant Phelps. (N. Y.…
1Opinion of the CourtGray, J.
This is an action, in equity, brought by a wife to establish and to protect an inchoate right of dower in certain lands now held by, and in the name of, a third person; but which were paid for by the plaintiff’s husband, and, also, to-establish her dower right in the proceeds of the sale of certain other lands similarly purchased and held. Her complaint having been demurred to for insufficiency to state a cause of action, we must assume all its averments of material facts to be true. After alleging a marriage and the birth of children, she sets forth a separation between herself and her…
2Cited by23 opinions
- Melenky v. . MelenNew York Court of Appeals · 1922
- Byrnes v. OwenNew York Court of Appeals · 1926
- Brownell v. BriggsMassachusetts Supreme Judicial Court · 1899
- In re the Final Accounting of NugentAppellate Division of the Supreme Court of the State of New York · 1937
- People v. KelloggAppellate Division of the Supreme Court of the State of New York · 1994
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