Borst v. Griffin
New York Supreme Court
This was an action of ejectment for dower, tried at the Schoharie circuit in November, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiff, in her declaration, claimed an undivided third, part of the north half of a certain lot of land, as her reasonable dower, as the widow of William Borst, deceased, late her husband.
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This was an action of ejectment for dower, tried at the Schoharie circuit in November, 1830, before the Hon. James Vanderpoel, one of the circuit judges. The plaintiff, in her declaration, claimed an undivided third, part of the north half of a certain lot of land, as her reasonable dower, as the widow of William Borst, deceased, late her husband. She shewed title in her husband, and proved that on the 16th November, 1829, thirty-four acres of land, part of the north half of the said lot, were assigned to her by metes and bounds, as her dower in the same, by ad measurers appointed by the…
1Opinion of the Court
By the Court,
Nelson, J.
The only difficulty in this case arises out of some of the provisions of the Revised Statutes applicable to this action, 2 R. S. 303, sec. 2, sub. 2, substitutes this action in • the place of the old remedy unde nihil habet, and the 10th section requires that the declaration “ shall state that the plaintiff was possessed of the one undivided third part of the premises as her reasonable dower,” &c. The 6th sub. of § 30, p. 307, provides if the verdict in ejectment be for an undivided share or interest in the premises claimed, it shall specify such share or interest; and…
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