Poor v. Horton
New York Supreme Court
This was an action in the nature of ejectment for dower. The plaintiff claimed, as the widow of Enoch Poor, her right of dower in 22fW acres of land, being part of Grass river lot No. 50, in the town of Madrid in the county of St. Lawrence.
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This was an action in the nature of ejectment for dower. The plaintiff claimed, as the widow of Enoch Poor, her right of dower in 22fW acres of land, being part of Grass river lot No. 50, in the town of Madrid in the county of St. Lawrence. The complaint averred that Enoch Poor became seised in fee of the premises in question, together with other lands, by deed executed by Asa Lord and Ohauncey Rice, on the 1st day of October, 1816; that he had the land surveyed, took possession of the same by virtue of the conveyance, during said year, 1816, and remained in peaceable and continuous…
1Opinion of the CourtC. L. Allen, J.
The marriage of Enoch Poor with the plaintiff having been admitted, and his death in 1850 having been shown, she, as his widow, is entitled to dower of all the lands of which he was seised at any time during the coverture.
I. It is insisted that Enoch Poor had a perfect indefeasible title to the premises in question, by virtue of his twenty years’ adverse possession, under a claim of title founded on a written conveyance. It is argued by the counsel for the defendant that possession of the premises by Enoch Poor will not be presumed hostile and adverse to the title of Meach, but must be…
2Cases cited14 opinions
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- McCormick v. BarnumNew York Supreme Court · 1833
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Bradstreet v. ClarkeNew York Supreme Court · 1834
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
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3Cited by6 opinions
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Halsted v. . SilbersteinNew York Court of Appeals · 1909
- Cornwell v. ClementNew York Supreme Court · 1895
- Newton v. KruseAppellate Division of the Supreme Court of the State of New York · 1914
- Hennig v. SmithNew York Supreme Court · 1915
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