Jackson, ex dem. Miller v. Hixon
New York Supreme Court
THIS was an action of ejectment brought to recover lands assigned to the lessor of the plaintiff for her dower, as the widow of Benjamin Depuy, jun., deceased, by admeasurers of dower, appointed for that purpose, by the surrogate of Ulster county, upon the petition of the widow. The cause was tried at the Ulster circuit, in November, 1818, before Mr. Justice Yates.
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THIS was an action of ejectment brought to recover lands assigned to the lessor of the plaintiff for her dower, as the widow of Benjamin Depuy, jun., deceased, by admeasurers of dower, appointed for that purpose, by the surrogate of Ulster county, upon the petition of the widow. The cause was tried at the Ulster circuit, in November, 1818, before Mr. Justice Yates. The counsel for the plaintiff offered in evidence the proceedings before the surrogate, and the report and admeasurement of the commissioners, which evidence was objected to by defendant’s counsel; because, by the order of the…
1Per curiam
The plaintiff proved that the lessor was entitled to dower, as the widow of Benjamin Bepuy, jun., and that the admeasurers, by their report, filed in the surrogate's office, lmd assigned to her the lands, &c. now claimed, by certain metes and bounds. The defence consisted of exceptions to the proceedings and report of the admeasurers ; because they had not pursued the order of the surrogate ; and because they had assigned according to the value of the land at the time of the death of the husband, when they ought to have taken its value at the time of its alienation by him.
By the 10th section…
2Cited by4 opinions
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